Not every member of the in-law family can be charged with dowry harassment. If the complainant asserts, he/she will also be required to present proof proving the torture of the concerned family member.
Torture cannot be applied to every little disagreement. The court of Additional Sessions Judge Sanjeev Kumar at Tis Hazari made the critical points while acquitting a woman\’s father-in-law of dowry harassment and criminal breach of trust.
In its judgment, the court observed that the dowry harassment law was enacted to protect the woman from harassment in her in-laws\’ house. However, there has been a torrent of abuse of this rule in recent years. Senior courts in the nation have indicated in their judgements from time to time that after marriage, not only every member of the in-laws\’ party but also other relatives were entangled in bogus allegations of dowry harassment in minor disputes. He was eventually acquitted due to lack of evidence, but he was subjected to mental and physical abuse.
Four years ago, a woman residing in the Chandni Chowk neighbourhood filed dowry harassment and a criminal breach of trust complaint against her husband and mother-in-law. The trial court drafted the charges. The lower court\’s verdict was contested before the sessions court on behalf of the mother-in-law. The Sessions Court overturned the lower court\’s ruling.
The mother-in-law has been charged with dowry harassment and criminal breach of trust by the court. The court stated that the prosecution had prima facie evidence on the claims levied against the complainant woman\’s mother-in-law. The complainant has provided details on the time, method, and date of the harassment. In such a case, accusations are levelled at the mother-in-law. It is not sufficient for the father-in-law to simply state that the complaint complained to her about her husband and that she said that what her son was doing was correct.
The sessions court observed that the Supreme Court had indicated explicitly in its order, expressing grave concern, that the dowry harassment legislation was being abused. In bogus dowry harassment cases, it has been common practise to blame the husband\’s family.
Source : https://m.dailyhunt.in/news/india/english/asianet+newsable-epaper-asnewsab/cant+charge+every+member+in+the+house+with+dowry+harassment+delhi+court-newsid-n392861226?s=a&uu=0xdb07e6cdf132cd18&ss=wsp