Marriage Between Hindus Cannot Be Dissolved By Compromise In Proceedings U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that a legal marriage between two Hindus cannot be dissolved by way of a compromise entered into at the time of proceedings for maintenance under Section 125 of CrPC. The Court held that any such marriage can only be dissolved by a decree passed a competent Court under the Hindu Marriage Act, 1955.

The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held

“The marriage between the parties since are governed by the provisions of the Hindu Marriage Act, 1955, the only manner in which such marriage can be dissolved is by passing of an appropriate decree by the competent court in accordance with the provisions of the Act of 1955.”

Factual Background

One Bhojraj Singh was an assistant teacher who died after retirement. Petitioner-appellant contended that she had contracted marriage with the deceased and had lived with him for several years, therefore she was entitled to family pension. It was argued that the first marriage of the deceased did not succeed and they had parted ways.

The first wife of the deceased had entered into a compromise in proceedings under section 125 CrCP . it was argued that she did not have any right after parting ways with the deceased. Even though appellant produced a succession certificate, her claim for pension was rejected by the authorities.

While dismissing the writ petition of the appellant, the Single Judge held that the first wife was the lawfully wedded wife of the deceased employee and at the time of his death, they were not divorced. Accordingly, the Court upheld the benefit granted to first wife as being the legal heir of the deceased employee. Appellant-petitioner filed a special appeal against the order of the Single Judge.

Counsel for appellant argued that the first marriage was dissolved when by way of compromise in proceedings under section 125 CrCP and subsequently, the marriage between the deceased and appellant was solemnized. Accordingly, it was argued that the appellant was entitled to the family pension of the deceased.

Per contra, counsel for the first wife argued that the allegation of her subsequent marriage were not substantiated by any proof and were vague in nature.

High Court Verdict

The question for consideration before the Court was whether the first marriage of the deceased could be dissolved by way of compromise in proceedings under section 125 CrCP and if subsequent marriage of the first wife could non-suit her for claiming the family pension of the deceased employee.

The Court observed that since the parties were Hindu by religion, their marriage could only be dissolved by a decree passed by a competent court under the Hindu Marriage Act, 1955. Since no decree of divorce or dissolution of marriage was passed by any competent court under the Act of 1955, the marriage between the deceased and his first wife was subsisting.

The Court held that without the declaration of a competent court regarding dissolution of marriage between the deceased and his first wife, first wife's right to family pension could not be interfered with and her subsequent marriage, if any, could not be a ground for denying the family pension.

Case Title: Rajni Rani vs. State Of Up And 10 Others 2024 LiveLaw (AB) 168 [SPECIAL APPEAL No. - 56 of 2024]

Case Citation: 2024 LiveLaw (AB) 168

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