'Separated wife can get relief for hubby's accident death'

NEW DELHI: A woman, who is living away from her husband and is not legally divorced, would be entitled to compensation after his death in accident cases, a Delhi court has said.

"Human relations are unpredictable and more so relations between husband and wife in absence of any proof that deceased had divorced his wife. The mere fact that wife had been staying with her parents due to some matrimonial problem will not make her less dependent on her husband even while living with her parents," MACT judge Swarana Kanta Sharma said.

The court said even if the wife was living with her parents for a few days due to some misunderstanding, it would be wrong to presume that the deceased had divorced his wife or they were not living as husband and wife.

It also held that the biological father of the deceased would similarly be entitled for compensation even if he had abandoned the victim and his mother and there is no record for any divorce between the parents.

The court's observations came while deciding a petition for compensation filed by Kehkashan, wife of Nisar Ahmed, who was crushed to death by a Blueline bus in 2005, and the victim's father Sayyed Ahmed.

"Unfortunately, there is nothing on record to show that he (Sayyed) had divorced the mother of the deceased and therefore under law despite being father who had abandoned his child and wife 20 years ago and has not looked after them ever in any manner remains legal heir of the deceased," the court said.

The mother of deceased Ahsan Bano alleged Kehkashan was living separately from her son for two-and-half year while her husband, Sayyed, had abandoned her when her son was four years old.