divorced wife is not a widow after death of husband

A widow is a woman, as we

understand from the meaning of the term in its ordinary sense, whose
husband is dead and who has not married again. A man is husband of
a woman only as long as there is no snapping of matrimonial relations
by a divorce a vinculo or dissolution of marriage or death.

 In the case of Smt. Rambai Vs. Ramesh Kumar reported at
AIR 1996 M.P. 144 cited before me by learned Counsel for the
appellants, the meaning assigned to the word 'widow' in 'Words and
Phrases” Permanent Edition, Vol.45 page 141 has been approved by
the learned Single Judge of Madhya Pradesh High Court. The learned
Judge has held that, “Where husband and wife are divorced a vinculo,
the wife after the husband's death is not his 'widow' ....” The relevant
observations of the learned Judge are to be found in paragraph 12 and
same are reproduced thus;
“.......In 'Words and Phrases” Permanent Edition, Vol.45
page 141 under the heading 'divorced wife', the word
'widow' means a woman who has lost her husband by
death and has no application to a divorced woman.
Where husband and wife are divorced a vinculo, the wife
after the husband's death is not his 'widow' and entitled
to dower..”
 In view of the above, the argument of learned Counsel for
the respondent that respondent is a widow and dependant of the
deceased cannot be accepted and argument of learned Counsel for the
appellants in this regard needs to be upheld. I, therefore, find that in
the instant case, for the purpose of enquiry under the Act, 1923, the
respondent cannot be said to be enjoying the status of widow of
deceased Kishore. Once we find that so far as the enquiry under the

Act, 1923 is concerned, the respondent was not the widow of deceased
Kishore, she would be out of the scope and ambit of the definition of
the term, 'dependent' as given in Section 2(1)(d) of the Workmen's
Compensation Act, 1923, which describes, inter alia, a widow of a
deceased workman as his dependant.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
FIRST APPEAL NO. 544 OF 2013
Smt. Varsha wd/o Kishore Tode

.. Versus ..
Smt. Vandana Kishore Tode

Citation; 2014(4) MHLJ 206 Bom
CORAM : S. B. SHUKRE, J.
DATED : JANUARY 09, 2014.

Key words
#wife
#divorce
#widow