Divorced wife not a dependent under workmen's compensation law; compensation confined to statutory dependents

A divorced wife is not a "widow" or dependent of a deceased workman under Section 2(1)(d) of the Workmen's Compensation Act, 1923, because the marital relationship ends on divorce and she does not retain spousal status at the time of death. On the accepted facts, the respondent had been divorced before the workman died, so she fell outside the statutory class of dependents. The order directing that she receive a share of the compensation was therefore unsustainable, and the refusal to vary that order could not be upheld.

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Issues: Whether a divorced wife can be treated as the widow and dependent of the deceased workman within the meaning of Section 2(1)(d) of the Workmen's Compensation Act, 1923.

Analysis: The relationship of husband and wife ceases upon divorce, and a woman whose marriage has been dissolved cannot, after the husband's death, answer the description of his widow. On the facts accepted in the proceedings, the respondent had been divorced prior to the death of the workman and therefore did not retain the status of wife at the time of death. As a result, she fell outside the statutory class of dependents contemplated by Section 2(1)(d). The distribution order granting her a share of the compensation was therefore unsustainable, and the refusal to modify that order also could not stand.

Conclusion: A divorced wife is not a widow or dependent of the deceased workman under Section 2(1)(d) of the Workmen's Compensation Act, 1923, and the compensation was payable only to the appellants.

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