The Allahabad High Court recently ruled against the appeal filed by the second wife of a deceased government employee, who was seeking access to his pension benefits. The crux of her argument was based on the dissolution of his first marriage through a compromise under Section 125 of the Criminal Procedure Code (CrPC).

The division bench comprising Justices Ashwani Kumar Mishra and Syed Qamar Hasan Rizvi, noted that the proceedings under Section 125 of the Criminal Procedure Code (CrPC) primarily focus on the payment of maintenance to a deserted wife.

The scope of the proceeding under Section 125 CrPC is limited i.e. with regard to determination of the amount of maintenance," the bench said.

The court further emphasized that consent to separation agreements or compromises holds no significance in matters concerning Section 125 of the Criminal Procedure Code (CrPC). It clarified that in proceedings under Section 125 CrPC, the court's jurisdiction is strictly limited to determining maintenance issues.

Further, pointing out that both the parties to the first marriage were Hindus, the bench held that since the marriage between the parties was governed by the provisions of the Hindu Marriage Act, 1955, the only manner in which such marriage could be dissolved was by an appropriate decree by the competent court in accordance with the provisions of the Act of 1955.

Following the passing of the government employee, a former assistant teacher at a Junior High School who retired in 2012, the allocation of the family pension became a matter of contention. Originally directed to his first wife, the deceased's second wife contested this allocation, asserting her right to the pension. She argued that she had shared a marital bond with the deceased for many years, citing a dissolution of his prior marriage through a compromise during proceedings under Section 125 of the CrPC, which led to their separation.

The plea filed by the second wife was dismissed by a single judge bench of the high court. The dismissal was based on the reasoning that the marriage legally contracted between the deceased government employee and his first wife could not be annulled solely through proceedings under Section 125 of the CrPC.