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.

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.

Smt Varsha & Ors vs Smt Vandana Kishore Tode

Bombay HC, Nagpur Bench

09/01/2014

FIRST APPEAL NO. 544 OF 2013

About/from the judgment:

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..”

Read the Judgment

Download

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use