1. she cannot claim share in your self acquired or ancestral property.

2. she can claim maintenance. if fault (reason of divorce) has committed on her part then she is not entitled for full maintenance. because law does not favour guilty party.

3. you should not be worried because there is no provision of partition of property between husband and wife. wife is entitled for maintenance only.

1) wife has no share in property purchased by husband out of his income

2) wife can only claim right to stay in matrimonial home

3) you can express your displeasure of wife long stay in her parents place

4) record all abuses

5) file for divorce on grounds of mental cruelty

You are at liberty to file for divorce on grounds of mental cruelty

2) wife abusing husband and mother in law amounts to mental cruelty

3) wife staying in her parents place for 4 months at stretch amounts to mental cruelty

4) ask gram panchayat to remove wife name in plot

5) you are at liberty to sell the plot owned by you

Don't file for divorce before removing wife name in gram panchayat records

The reason being wife would claim equal share i plot if mutation is in joint names

You should take the plea that you are absolute owner of plot as full consideration paid by you

File declaratory suit if necessary

Hello,

1) You have a legal right to file for divorce unilaterally. In your instance the ground to file for divorce would be mental cruelty.

2) Wife does not have any rights on your earnings or property you have acquired or inherited. She can claim for alimony and maintenance especially as she is unemployed.. You will have to contest her claims.

Hello,

You can file the divorce under section 13(2) of the Hindu Marriage Act on the ground of mental cruelty by showing all the above mentioned grounds to the court as has been told be you in your query. Also if you want that your wife should come back to you then you can file an application under section 9 of this Hindu Marriage Act. It is hard that you will lose your property and for that a separate suit will have to be filed in the civil court, with a prayer that the name that has been added has been added falsely and the property solely belongs to you.

Regards

I suggest you to please consult some local lawyer who can brief you with the local laws of your vicinity but this is for sure that if name of some person has been added falsely then that person has no right on that land merely by virtue of his/ her name being added to the same

File RTI application and Obtain copy of government GR

in any case entry in revenue records does not confer title to property

It is only for payment of property taxes

As long as she is your wife she is entitled to stay in matrimonial home

2) wife has no right to stay in said house after divorce

3) you will have to pay maintenance as per court orders

4) court will direct you to pay maintenance from date of application by wife . Quantum of maintenance depends upon your income

5) obtain copy of GR and then take call for transfer of property

Most of the time she leaves my home and stays with her mother for long time of the order of 3 to 4 months also. She also harasses me and my old mother. There are frequent demands of money. Her brother and sister comes my home and threatens me about their right on my own properties. I am retired now. I will be in favor of divorce, but have fear about loosing of my hard earned property. Confused with what to do.

You can file a divorce on the grounds of cruelty, both mental and physical and also for the threats she poses through her relatives for your life and limbs.

There is no danger to your property, she cannot claim any right or share in your self acquired or inherits properties or in the properties to which you are the absolute owner as a right during your lifetime.

You may transfer the property to your son by executing a registered gift deed during your lifetime and handover possession by transferring all the revenue records and other records on his name immediately after executing the said registered gift deed, so that she cannot claim any rights in the property,

If her relatives trouble or torture demanding any share in the property, you may lodge a criminal complaint against them with the local police.

She can claim residential rights for the purpose residence in her matrimonial home.

She may file DV case also, but you can challenge the same properly.

do I have to wait for she is filling divorce or I can Initiate it ?

I also built home at my village, her joint name got added in the property by Gram Panchayat (I never signed for that). Plot is exclusively on my name. If I initiate divorce, how should I handle this?

If she is not a joint owner to the property at Village by the registered sale deed, then she cannot claim it as a right for her share in the property.

The village records are not title document hence her claim can be nullified in the court of law.

I also built home at my village, her joint name got added in the property by Gram Panchayat (I never signed for that). Plot of the same house is exclusively on my name. If I initiate divorce, how should I handle this?

There is nothing wrong in you initiating the divorce process through court of law.

If you are unable to bear the tortures and if the divorce is the only solution, you may proceed with your proposal to file divorce case, consult a good lawyer and go ahead.

If the plot is on your name alone and the house property is tin the joint names, this should not pose a problem to you.

She cannot claim any right in the property based on the village records.

The registered document alone can confer the title to the property holder and not the village revenue records.

name that has been added has been added falsely and the property solely belongs to you"

Although plot registration agreement is solely on my name. Gram Panchayat added it for all houses in village. They claim that as per government GR we have to do this compulsory for all houses in village. Not sure how I can challenge this ?

The village authorities have misguided you by giving false information.

They have not understood the law in this regard.

They have misinterpreted the law to suit to their convenience

The addition of her name in the village records cannot give her any rights in the property because the title document says you are the single owner, hence she cannot claim any share in it as a right.

1. does that mean, that I can transfer this particular property(plot + built house) on my sons and mothers name / or sell to my relative without any hassle of taking any signature of my wife before divorce.

You are the absolute owner of the property.

You can transact with this property in any manner as you desire.

You can transfer it to your son or to your mother or to both of them jointly or sell it to the willing and prospective buyer without any hassle,.

2. " right to stay in matrimonial home" how long ?

Till she remains your legally wedded wife.

3. Will maintenance will start after diverse or on filling it self

The maintenance is to be given to her even now also if you have discarded her now itself, and the amount has to be paid till she remains unmarried after divorce.