Spouse - Definition - Law Dictionary Home Dictionary Definition spouse

Definition :

Spouse, the word 'spouse' has been understood to connote a husband or a wife which term itself postulates a subsisting marriage. The word 'spouse' in sub-s. (1) of s. 5 cannot be interpreted to mean a former spouse because even after the divorce when a second marriage is contracted if the former spouse is living that would not prohibit the parties from contracting the marriage within the meaning of clause (i), sub-s. (1) of s. 5 by its very context would not include within its meaning the expression 'former spouse', Lila Gupta v. Laxmi Narain, AIR 1978 SC 1351 (1356): (1978) 3 SCC 258: (1978) 3 SCR 922. See also AIR 1971 Cal 307 (309).

One's husband or wife by lawful marriage; a married person, Black's Law Dictionary, 7th Edn., p. 1410