File for divorce on grounds of mental cruelty 

2) if wife is working she is not entitled to any alimony  or maintenance 

What is source of funds for purchase of property kindly clarify 

She needs husband’s consent for the same 

Q-1.

Section 22(1)(a) and Rule 13(1)(f) of Assisted Reproductive Technology (Regulation) Act, 2021, when read together, places a restriction on the woman who is married to have obtained the consent of her husband as a prerequisite to undergoing artificial insemination using donor sperm. Assisted Reproductive Technology (Regulation) Act, 2021 which mandated the consent of the husband in case a married woman wanted to go for intrauterine insemination with donor sperm. However, the Assisted Reproductive Technology (Regulation) Act, 2021 allows a woman above the age of 21 to undergo artificial insemination, but in case of a married woman the consent of the ‘commissioning couple’ is required. This renders a married woman dependent on the wishes of the husband, which is acceptable if the couple lives together as it should be a mutual decision but in cases like the present matter when divorce proceedings have been initiated, the woman becomes hapless.

What are demands of wife? it is court to adjudicate on this issue, however, you can oppose her demands and can also refute her. 

Q-2. 

Joint properties are liable to be divided among husband and wife. However, wife is also entitled to claim alimony, her istridhan and also share in all properties of husband purchased after marriage. So go strategically. 

If the action of wife to beget the child through IVF mode without the consent of the husband , this can be considered as an act of mental cruelty, hence you can file a contested divorce on the grounds of cruelty citing this as one of the major reasons for cruelty.

You do not have to entertain her demand for maintenance or alimony for this divorce, especially if she is employed and drawing handsome income, then she will not be eligible for maintenance from you.

As far as the joint property is concerned she will be eligible for an equal share in the property, which either of them can purchase or transfer to one another to avoid partition.

If wife has contributed for the purchase of the property, then the husband cannot claim the entire property.

She will object to it and may even file a suit for partition, this will take few years to get disposed.

Litigation is long drawn proposition 

2) file declaratory suit that you are absolute owner of property as consideration paid by you 

- As per law, a well qualified wife, who is having the earning capability &capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further, an earning wife who has sufficient income for her maintenance , cannot claim maintenance from her husband. 

- Further, she cannot claim any right over the property of her husband during his life time 

- However, she can claim alimony at the time of divorce. 

- Further, if the property is in joint name and husband is only paying the emi , then he can be declared as the single owner of the property after filing a suit before the court . 

Dear client,  

In a situation where one spouse wants a divorce and the other spouse is making demands or refusing to cooperate, the following steps could be considered:

Consult with a lawyer: It is essential to consult with a family law attorney who can assess the specific circumstances of your case and provide appropriate legal advice based on the laws of your jurisdiction.

Attempt mediation or negotiation: In many cases, it is recommended to try mediation or negotiation to resolve issues such as property division, child custody, and support. A neutral third-party mediator can help facilitate discussions and find mutually acceptable solutions.

File for divorce: If mediation or negotiation fails or is not a viable option, the spouse seeking divorce can file a divorce petition in the appropriate family court. The divorce petition should outline the grounds for divorce and the desired relief, such as property division and child custody.

Property division: In the case of joint property, the court will typically consider various factors, including the contributions made by each spouse and the length of the marriage, to determine a fair division of assets. The specific laws and procedures for property division may vary depending on the jurisdiction.

Timeframe: The time it takes to conclude a divorce case can vary widely depending on several factors, including the complexity of the case, the backlog of cases in the court system, and the level of cooperation between the parties. It is advisable to consult with your lawyer to get an estimate of the expected timeframe based on the circumstances of your case.

You can go for Mutual Consent Divorce and before that first sign MoU between you two. So later in life you should not have any trouble.