1. Wife is paying instalments and house is in the name of wife, therefore after divorce decree is passed house will go to wife. She can evict you from house.
2. DIVORCE CASE IS NO BENEFICIAL FOR YOU. Filing divorce is easy process, but the reactions that may trigger are difficult to face. A husband can file only divorce and rcr both cases are of civil nature with civil consequences. A wife can file multiple criminal as well as civil cases. She can file 498A, 406, Domestic Violence Act, 2005,  125 Code of Criminal Procedure, 1973 and cases under Hindu Marriage Act, 1955. This is the factual state of law. Once a divorce is filed, you will have to pay hefty sum as maintenance during the proceeding which  may drag for years. After divorce you have to settle handsome alimony to her. If she becomes offensive you will be facing police and courts.

If she has extra marital relationship, and also deserted you and the children, there’s nothing stopping you from proceeding ahead and filing the divorce case on her.

If the house is on her name, the divorce case will have no impact on this house, and the same will continue to remain on her name; unless, she decides to transfer the ownership of the same to you.

1. You can complaint to SP/Commissioner of Police by a registered post complaint  but police will not take action even on that. Only if a private complaint  is filed in the  Court of Magistrate, a direction will be issued to police to register FIR against her.
2. If her salary is high, you need not pay any maintenance to her, salary details can be obtained through RTI application.
3. If there is any incident it is safe to file a private complaint in the  court of Magistrate, not in the  police station as they will not accept you complaint and also immediately inform her.

1. Property & Divorce

• Divorce case and property case are separate.

• Even if divorce is granted, you don’t have to leave the house immediately. It depends on the ongoing property case and court order.

• Filing divorce now may help protect your position, especially since she’s creating disturbance.

2. Police & FIR

• File a written complaint with SP and SHO stating she entered forcefully and created a false case.

• If police refuse to register FIR, send the complaint via registered post/email, and approach the Magistrate under CrPC 156(3).

• Grounds for FIR: criminal trespass, false accusation, harassment, and attempt to frame innocent family members.

3. Protection for Family

• File for a restraining order (injunction) to stop her from entering the house.

• Install CCTV for proof in case she harms herself or falsely blames you again.

• Keep all incidents documented.

4. Expenses & Maintenance

• If her salary is higher, you may not be liable to pay maintenance.

• Show your income proofs in court.

If you want, I can help you draft a legal complaint or a restraining order request.

Wife is owner of house she is paying instalments 

2) you can file for divorce 

3) you can continue staying in said house 

4) wife can file case for eviction against you after divorce 

5) contested divorce cases take years to he disposed of 

6) install cctv cameras in living room of house 

Your mother can file DV case against her 

seek protection order 

you can file case against her for criminal intimidation 

If wife is working age is not entitled to any maintenance or alimony as her income is higher 

file for divorce 

- As per law, Extra marital affairs is a ground for divorce, and hence if you have proofs of her involvement with other then you can file a divorce petition on this ground. 

- Further, a wife who having extra marital affairs is also not entitled to get custody of the child and even maintenance/alimony

- If the said property is registered in the name of your wife , then you cannot claim a right to live over the same against her consent , however if you have contributed financially to purchase that property then you can claim joint ownership even the property is registered in her name. 

- You can file a complaint as information to the police against her said behavior and threatening to implicate in false dowry cases. 

- If she is earning more than you then she is not entitled to get any maintenance from you legally. 

1. Court will not order any maintenance but court will order handsome alimony to her as marriage is 12 years old.
2. She can evict you from house even before passing any decree of divorce. She need wait till you get another property.
3. Fix CCTV camaras so that whatever she does is recorded.

Mutual consent divorce can be filed 

it would provide right for you and your children to stay in said flat 

3) if wife refuses to permit you and children to stay then don’t  file for mutual consent divorce 

4) contested divorce cases take over 5 years fir disposal 

You dint have to pay alimony or maintenance to wife 

• Stop Her Entry:

  • File a civil injunction (restraining order) in court to stop her from entering the house.

  • Install CCTV cameras and keep all incident records.

  • File a written complaint with police/SP about threats and false FIR attempts.

• After Divorce – Property:

  • You don’t have to leave immediately after divorce.

  • Wait for the court's decision in the separate property case before leaving the house.

• Maintenance After 12 Years of Marriage:

  • If her salary is higher, and you have child custody, you are not liable to pay maintenance.

  • You may even claim child support from her.

If the property has been registered on her name alone then she becomes the owner of the property, but if it is jointly owned then you too have rights in the property.

The divorce  case will not decide the ownership of the proeprty and there is no necessity for you to leave the house after the divorce has been granted.

You can continue the property dispute case on its own merits besides the child custody case.

If it is unbearable to continue with the married life with her  then there is no infirmity to pursue the divorce case and get your marriage dissolved by a decree of divorce.

You cannot lodge a complaint on her for the reasons that she forcefully entered in your house because she too has rights in the house hence she cannot be considered as an illegal trespasser. 

However you can lodge a criminal complaint against her for threatening, intimidating, assault and creating nuisance as well as posing threats to the life of your mother and you  and the children.

Your complaint can be taken as counter complaint or cross complaint.If the police is not entertaining your complaint modified in the manner stated above then you can approach the higher police officer  to intervene  and direct the concerned police station to initiate action on your complaint too.

There is no question of any benefits by filing the divorce case initiated by you or by her first.

If the situation is intolerable then you can seek remedy through court accordingly.

You cannot weigh the options of benefits or disadvantages for filing the case frist from your side, it is a case to be filed before court seeking remedy to your problems.

The maintenance or alimony is not automatic, she has to file an application for alimony along with the divorce petition and the court will consider the aspects of her own economic background before deciding to grant the maintenance to her.

You can install CCTV camera in the house which will record her acts of violence and  threats about lodging false complaint again on you and with the help of the CCTV footage you may lodge your own complaint agaisnt her or at least you can use it to defend your interests if she lodges a false complaint again on you.

The divorce case is a different subject to that of the property dispute.

The divorce case granting divorce will not automatically dispossess you from the house property.

You can remain tin the same house till the property dispute case is disposed by court concerned

The maintenance amount is not automatic along with the divorce decision.

If she requires maintenance then she has to apply.

She has to file an affidavit declaring her assets and liabilities.

If she is falsely declaring very low income  then you can challenge the same by producing documentary evidences to prove her actual income and can state that she is not eligible for maintenance since she is earning a handsome income as salary.

It will depend on property case. She can’t evict you without courts orders 

You are at liberty to file for divorce first .

no need to wait for wife to file for divorce