156(3) - inclusion of in-laws?

Harsha Harsha (Querist) 25 March 2012 This query is : Resolved
i am applying fr direction to fwd my closed complaint in police station thro 156(3), in magistrate court regrading dowry hassmnt. i have added husband, in-laws, and in-law's brother who harrased me.
since In-laws' brother is not legally my family, is it legally correct to include his name, who is the major reason for askin dowry n for threatenin me n beated me .

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Adv.R.P.Chugh (Expert) 25 March 2012
Dear Priya,
As long as a person is husband's 'relative' (i.e related by either blood/adoption/marriage) he can be punished u/s 498A. In-law's brother - is certainly a relative - and hence his name can be included.

adv. rajeev ( rajoo ) (Expert) 25 March 2012
You can include them as an accused, but you have to prove your allegation on them.

Raj Kumar Makkad (Expert) 25 March 2012
Morally and legally it is abuse of law if some innocent person in the name of the relative of the husband is included in such offence but the person should not be left if there are specific allegations against such person and he has been involved in the crime.

Advocate M.Bhadra (Expert) 25 March 2012
You can complaint against in-laws but burden of proof would be upon you at the time of trial.

Shonee Kapoor (Expert) 25 March 2012
You would have to prove all your allegations against each person.

You can face legal action by all acquitted of false charges.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 25 March 2012
This said, complaint against the brother of in-laws is maintainable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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