Property case in family court for matrimonial house

My wife has filed a false 498a and then i filed divorce case. We have 2 properties. One is purchased before marriage and fully owned by me. After marriage, me and my wife staying in this property (Matrimonial house) Meanwhile, I purchase another property registered with both of us. (Myself and wife , both are owners). Currently it is rented. Now, after my wife has filed a false 498a against me, I am not living in our matrimonial house due to threat to my life. I have moved out of this property. Both the properties are purchased from my source of income. (have all proofs). No money from wife. Now my lawyer proposed to file a property case in family court to vacate her from my fully owned (pre marriage purchased) property (as she may make argument that its her matrimonial house and should not be removed from this property) and to propose the court to shift her into new rented house, monthly rent will be provided by me. He said that I need to pay a stamp duty of 5% of current value of property and then only we can file this case in court. I want to now that is this correct way and whether 5% stamp duty is really required. He told that if we get this order from our side then we can get our stamp duty refund. Is this so???