can a widow who remarried and is living happily with her new husband with whom she has kids, can file case under D V act on her previous father in law and mother in law ,after 11 yrs of her remarriage .her first hubby died in 1993 and she got remmaried in 1996, whats her locus standi
But the basic intention of the Act itself is to give 'protection' to women against domestic violence. Here the only intention of the lady seems to take 'revenge'. It is quite obvious that the lady wants to 'misuse' the Act. Delay and latches are important factors for consideration.
Want to use act as sword? The act is already under the controversy, due to its misuse and your intention is also indicating the same. So pl dont venture. According to Law there is no bar but I agree with other opinions mentioned above.
@ Author 1. The Magistrate who if "admits" the complaint case needs to go back to LawSchool.
2. The ex In-Laws of ex husband (now dead) should approach HC and ask for HEAVY COST and also file Defamation with heavy compensation case upon either one of these ; the Advocate of Complainant who files Memo of Appearance and or on the NGO who drafts the Complaint and or upon the PO who makes the DIR (here by taking concerned State's Chief Secretary sanction to prosicute PO) and nothing else needs ot be done.
3. The present Husband of this re-married with kid(s) needs to file a DV Act upon this wife sitting her "still alive love and remembrance of her ex dead husband" as mental cruelty to him and ask for compensation plus medical compensation plus opportunity lost (conjugal) / s*xual abuse compensation (she was thinking all these years of her ex husband while performign conjugal rights is the reasoning) and simultaneously file under mental cruelty grounds a Divorce suit. he is sure goign to win hands up all these three suits
4. In instance query the locus standi is not that of this re-married wife post facto as innocently asked by you, but that of any one of these perprator(s); a Advocate and or a NGO / or area PO whom if approached by her and who among these three guides her to think in backward direction.
BTW, long live all permutation / combinations of greatest Diwali Gift to Indian Husbands (both dead and alive) by Lawyers Collective (Ms. Indira Jaisingh) and by WCD (Ms. Renuka Chowdhary).