Lawfully yours: By Retd Justice K Chandru

I am a 29-year-old woman, married for the last two years. A few months after marriage, my husband started putting pressure on me to get the fixed deposit my parents had put in my name before marriage transferred to his name. Since I was a bit hesitant, my in-laws started torturing me, after which I shared the happenings with my elder sister on WhatsApp without knowing that my husband was tracking them. Recently, my father fell ill and I had to stay with my parents for a couple of weeks. After that, he didn’t allow me to return and now he wants a mutual divorce. He says if I don’t agree, he will move court as I have “deserted” him. Also, he claims to have my phone chats. Is staying with parents and divulging home details to a sibling a crime? Can it be enough grounds for granting the divorce?

— Name withheld on request

The WhatsApp messages will not help your husband. On the contrary, it will work against him and will show he is a peeping Tom. If you want to return to your household you can petition the local magistrate under the Domestic Violence Act. Even otherwise, he cannot succeed in his petition for divorce as his ground, based on desertion, is vague and thin.

1921 City Tenants' Protection Act insulates leaseholders of vacant plots from eviction

A friend of mine has requested me to part with 25 cents of a 50-cent plot, owned by my wife on the outskirts of the city, on lease for setting up a mini hypermarket. He wants it for a period of 20 years on a monthly rental of Rs 25,000 (which will go up by 10 per cent every year). He will be levelling the land and constructing the required structure but will be returning everything at the end of the contract period. Is there are any risks involved in such an agreement? He has some partners also. What if they default on the promised rent? What will be the case if their business fails and they leave the place defaced? Will they stake any claim on the land or the building once the lease period ends?

— Michael (name changed on request), Royapuram

If your plot is anywhere eight kilometres within the radius of Chennai or if there is any notification of the government in this regard covering your area then your rights are restricted by the 1921 TN City Tenants' Protection Act. That Act protects leaseholders of vacant plots from being evicted. You may have to pay compensation towards the building cost before eviction.

On eviction, the leaseholders have the option of applying to the court for purchasing the plot on its market value. It is risky to lease out vacant plots. You may not get them back.

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns