1)you should repay her father loan of Rs 10 lakhs with interest and then sell the house

2)if you dont repay wife can claim right to stay in her matrimonial home and demand share in flat as her father paid Rs 10 lakhs for purchase of the house

3)gather evidence of wife adultery through detective agency and file for divorce on grounds of mental cruelty and adultery

4)you can file for divorce on grounds now no need to stay separately . it is only in case of divorce by mutual consent both parties have to stay separate for one year

5) wife constantly abusing in laws amounts to mental cruelty

1. Your father-in-law may file a suit for declaration of his title to the property on the ground that it is benami as the sale consideration was paid by him, but the property will not be taken away at the throw of a hat. The court will hold a full fledged trial.

2. You are free to hire detective to find out the truth of what you have heard about your wife.

3. One is free under Hindu law to file a petition for dissolution of marriage after the expiry of a year from the date of marriage.

4. You may file a petition for restitution of conjugal rights if she does not want to cohabit with you.

1. The wife has no share in the proeprty of husband. However under PWDV Act if the house belongs to husband she has right of residence making the proeprty litigated till the cases gets resolved.

2. Investigation is to be done by you and not by police. If you gather proof of her sexual intercourse then case of adultery u/s 497 IPC can be filed against her male friend bt your wife is immune from any criminal action.

3.The adultery is however good ground for divorce and the divorce suit generally takes around 3-6 years to complete. Staying away from her for any number of years will not automatically dissolve the marriage.

4. The marriage seems to be over and of she does not agree for mutual divorce then file contested divorce suit.

Dear concerned

No the house cannoto be taken away from you but your wife can certainly claim residence requirement. It would be good if you could transfer this 10 lacs back to your father in law.

Assuming you have some proofs of your wife sleeping around or exchanging adult content you may file adultery

Marriage can not dissolve by just staying away. One has to file for divorce . Staying away can just be one cause.

You can take this as a reason of Divorce as making son stay was from old parents and also not bearing child comes under cruelty.

Best of luck

1 ) even if you have taken loan and are repaying loan wife can claim share in the property

2) wife can always withdraw her consent in petition for divorce by mutual consent

3) you need to prove allegations made in contested divorce petition of mental cruelty

4) detective can find evidence of your wife adultery in the past

Dear Concerned,

This is good that you have been making the payments of the loan and hence there should be no issue- also as this flat is entirely on your name it would be difficult for your wife to stake claim.

The money was transferred by your wifes father to her account and also your parents transferred money to her account - so basically you have all the documents for this transfer - and the down payment was also done from this account - SO as mentioned earlier if you want you can pay this 10 lacs back to your wife's account keeping track of the payments made and hence also saving your self from any false claims your wife may make.

Yes after filing mutual consent you wife can change her mind but need not to worry in a recent judgement by Delhi High Court - if the wife walks out or changes her mind before filing the second motion of the mutual consent this too falls under cruelty.

it depends what exact services are you looking for - from the investigator

Yes any thing you allege you would need to prove it .

Best of Luck

No it is not benami proeprty.

After filing of the mutual divorce petition and before the final hearing one can always withdraw her consent for mutual divorce and refuse to appear in the case.

The evidence of private investigator has no value unless he gives evidence in court.

The evidence of your parents in court about the mental tortures of your wife is enough evidence to prove instances of cruelty.

1. You are paying to the bank, not your father-in-law. So he may still claim it is benami.

2. In mutual divorce the court grants a cooling off period of 6 months before holding the second motion. Before the second motion either party can revoke his/her consent.

3. You inevitably require evidence of mental cruelty if you are to file a petition for dissolution of matrimony unilaterally.