Expert explains

Former judge of Madras High Court(Retd.) Justice K Chandru answers your legal issues.

I am separated from my husband due to certain issues. Now my husband, who is from a village, has approached a caste-based association to grant divorce to him so that he can remarry. If the caste association declares divorce between me and my husband, is it valid? Please advise.— Meenakshi

The marriage between you and your husband cannot be dissolved by the caste panchayat. Recently(6.3.2019) the Supreme Court has ruled so in Swapnanjali Sandeep Patil’s case. If the caste panchayat gives any order, it can be challenged in a court of law and even a police complaint can be given.

I am living in a rented house for last five years and I have given two months notice to the owner informing that I will be vacating the house. But, he insists that I pay full month’s rent even though I am vacating the house in the middle of a month. He is also saying that he will deduct Rs 10,000 from the deposit I paid him towards maintenance even though the house is in good shape. Kindly advise -  Alok Gupta


Accept the amount paid by the house owner and leave the place in peace. Your stand may be justified, but to collect the differential amount, you may have to spend equal amount, besides wasting your precious time.

I purchased in 1989 a land plot for 126 cents. The sale deed and the mother document also mentions that land plot is 126 cents. But I came to know that in the Tiruvallur town records it is mentioned as 113 cents. I filed many petitions to the revenue authorities to re-survey my land, but I did not get a proper reply. I suspect my land was encroached with the help of the officials. Please help me.- V Nellaiappan

You can apply to the revenue authorities to measure the land with the Surveyor and make the boundary marks. If they refuse you can move the court for a direction. In the alternative, you can sue the person who is in possession of the 13 cents of land as an encroacher on the strength of the documents in your hand.

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