Lawfully yours: By Retd Justice K Chandru

I live in a building with basement parking for all residents (two slots each). One of the residents has converted his covered parking into a semi-storage facility with shelves etc. which cause hindrance to cars moving in and out. There’s no clause in the building association rules against using parking space for storage and this gentleman cites this and insists he is not breaking any rule. Are there any building rules that will help us deal with him?

It has been held by the Supreme Court in Nahalchand Laloochand Pvt. Ltd Vs. Panchali Cooperative Housing Society Ltd reported in 2010 (9) SCC 536 that “open to the sky parking area or stilted portion usable as parking space is not ‘garage’ within the meaning of Section 2(a-1) and, therefore, not sellable independently as a flat or along with a flat”. Therefore, your resident cannot claim any ownership. Further, the slot will have to be used for parking purpose only. It does not require any bylaws to state so. Your association can give a direction to remove the stored materials from the parking lot failing which complaint can be filed with the police for causing a nuisance.

After being married for seven years, I got separated in 2017 and filed for divorce on grounds of negligence and harassment. But the case is dragging on due to my former husband’s refusal to pay alimony. I recently met another man, and after knowing each other for six months, we are in a live-in relationship. I don’t foresee us getting married soon, but am worried that if my former husband comes to know, he will use this as grounds to deny me alimony. Do I legally have the right to be in a live-in relationship while seeking a divorce?

Your live-in relationship will help your husband to file a cross objection to your divorce petition and it may hasten the outcome of the petition. If you want to avoid washing dirty linen in public, you may go for a consent divorce. However, pending the divorce petition, it may not affect your maintenance claim.

Two years ago, I was robbed of my money and mobile phone by a trio at knifepoint while returning home from office in Anna Nagar. With my inputs, police arrested the accused and the case is now in a trial court. However, I am extremely unhappy with the public prosecutor, who, I feel, is cooperating with the other parties, who are now openly threatening me. I am not getting much support from the police either and appointing a private counsel is beyond my means. What are my options? Can I get a public prosecutor of my choice or will I have to leave my case in the hands of an incompetent lawyer? 

You can seek police protection by filing a petition before the trial court. You can also engage your own advocate to assist the prosecution in the trial in terms of Section 301(2) Criminal Procedure Code. Every court is attached with a panel of lawyers maintained by the legal services authority. You can seek free legal services from them.

I am the treasurer of a Residents’ Welfare Association (RWA) in Maduravoyal with independent houses and no shared common space. Our association is registered under the Societies Act and has bylaws for payment of monthly maintenance, security guards and general upkeep of the colony. However, some residents do not pay the monthly subscription but continue to use the benefits. Over the years, these outstanding dues run into lakhs of rupees. We’ve tried all means to force these residents to pay up but in vain. Could we seek legal action against them? Would the bylaws of a registered association stand in a court of law? 

You can file a civil suit in a local civil court against the residents who are members of the RWA for recovery of the maintenance charges together with arrears. If the bylaws provide any power, you can also disconnect common facilities maintained by the RWA after serving notice to the defaulter.

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