I was implicated in 304b/498A/3/4DAct with my parents by my in laws after my wife's death in an accident and we all acquitted by trial court from all the blamed sections but court convicted me for section 306 while there were no charges of suicide arousals. My apeal was allowed and after coming out from Jail I came to know that my father in law had made a forged birth certificate of my son with different name and had taken an Ex Parte guardianship of my son by the changed name. That forged birth certificate is canceled now by Nagar Nigam. I filed a petition to cancel that Ex Parte order but court did not canceled that order and now I filed the FAFO in High Court. Recently I got summon of a Recovery suit of the all the gifts and wedding expenses from my father in law himself and on behalf of my son with that changed name. Now more than 4 years has been passed after my wife's death and more than 2 years has been passed since my conviction in 306.
Now I want to know ---
1. whether my father in law can file a recovery suit himself and on behalf of a person who is not my son (that named birth certificate was canceled already) or not? Because my father in law is not a legal heir of my wife and my son's guardianship matter is already subjudice in the High Court so is he elligible to file a suit on behalf of my son?
2. Is this recovery suit maintainable because the limit 3 years has already been passed?
3. My father in law did not filed a case in Crpc 406 with the 304b criminal case, So can thay file now?
4. In his recovery suit petition there is not a single word of Dowry and Stridhan while thay used the word Gifts like sarees/suits/tv/fridge/jwellery/cash and various expenditure like arrangements of Barat/Bagghi/Crackers/Food etc. We were already acquitted in all the dowry related sections. So can he start the above proceeding a fresh after blaming again for "Demand" and Physical/mental torture to my wife. Can't it be treated a court of contemp because of blaming again after our acquittal? Can't we start a proceeding against him for our mental harrassment?
