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arun singh (owner)     24 October 2010

domestic voilence- a new turn

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

pl advice



 12 Replies


(Guest)

Filing case is allowed but its too weak case as you filed after 11 years ,it seems your intention, your motive

so,dont file DV case.

1 Like

Suchitra. S (Advocate)     25 October 2010

DV Act does not bar this lady to file a suit.

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.

Agree with Kushan ji.

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     25 October 2010

DV act case after 11 years!

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 October 2010

not maintainable

Vishwa (translator)     25 October 2010

Obvious attempt to misuse this already biased law. SHAME SHAME SHAME

1 Like

Ravikant Soni (LAWYER IN JAIPUR)     25 October 2010

how can???

1 Like

arun singh (owner)     26 October 2010

please throw specific light on her locus standi

Samir Modasia (Lawyer Daman 09825947684)     12 November 2010

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.

1 Like

Tajobsindia (Senior Partner )     12 November 2010

@ Author

1. The Magistrate who if "admits" the complaint case needs to go back to
Law School.


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).

2 Like

R.PRABHU.raja (PRACTING ADVOCATE )     13 November 2010

contact a local lawyer and ask him to help you                                               and post the results

1 Like

Jamai Of Law (propra)     14 November 2010

There is difference of significance in remarriage of a female, after widowship and after divorce...in regards to her entitlements, relationships, rights in coparcenary property  ...out of first marriage.

 


As per Chapter 5 (4) (a,b,c) ""economic abuse/deprivation"  the female is entitled to secure entitlements if she has merits to do so (just legal merits...not not talking about ethical merits!!)

A widow certainly has got those rights (irrespective of the religion)

 

 

Whether a widow gets remarried is totally her take alone.

Sarvesh Kumar Sharma Advocate (Advocacy)     07 May 2011

for legal help in court contect to a local lawyer !


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