Is anything wrong in it?

If you are sure that your wife has filed a divorce case and you have filed a case for restitution of conjugal rights and that the court has also rejected your wife's petition for interim maintenance, there is nothing forbidding you from disposing your property; your wife cannot raise an objection to it;  Next thing is that it is your wife who has assert about her matrimonial home and not you.  Do you have a home called matrimonial home?  Next question is that your wife cannot get injunction over the property in which she,  as on the date,  has no title or rights,  further if she is bent upon to reject cohabitation with you, she stands losing her claim for matrimonial home especially at a stage where the case on divorce proceedings is pending, so dont worry.

Hope you are not selling this flat for litigation reasons and that you have other reasons for doing so.  

That said... Keep collecting evidence that you are trying to get her to come back and keep dragging the current divorce proceeding. After two years have passed for your separation, file a counter-petition in the divorce proceeding asking divorce on grounds of desertion that she has deserted you.  It should be allowed because you could not have filed it earlier. Presuming that there are no justified reasons for her to not join you, you will get divorce based upon desertion by her and will not have to pay her maintenance but only for your son. This is a permanent solution otherwise you will always be her target for this maintenance drama. While you are at it, later on, you can also file for divorce based upon mental cruelty to you. Start collecting medical certificates for mental problems. I am sure you are not able to sleep these days. You miss your son, your wife. Go to a psychologist/psychiatrist and start crying there. Start now... Keep the future plan in mind! Have a long-term strategy, plan and execute the plan! GOOD LUCK!

Thanks Kalaiselvan ji & Samir Ji....thank you very much

Awaiting for views of other experts also. because it is a big decision i m going to take.

Thanks

It seems that your wife is a working women hence her interim maintenance has been rejected . You are at liberty to dispose of your flat as you are the owner of the flat .Even if she files a false  domestic violence case  on you  and ask for residential rights it want matter as you are ready to accomodate her in the new flat you seek to purchase .

Now days it the trend in pune that most of the " PUNEKARS FACE FALSE DOMESTIC VIOLENCE CASES " Hence the papers read Maharastra has the highest no of domestic violence cases .

I agree with experts......

There is no any point of contradiction when you are selling your own co-owned flat and shifting to other purchased flat.

You have already filed RCR and her interim main. got rejected that tells lot of negative story about her.She would be definately an earning women.As per your query you are not restraining her from joining you.Hence,you are very much eligible to dispose your self accquired property during life time if there is no sec 144 or any further stay order has put on your said property.

regards.

Hey thanks Stanley & sufferer....

@ sufferer ...will you pls elaborate me about sec 144 in brief.....& how can she put stay order on my said property???????

Thanks

Dear Author,

Sec-44 for any dispute causing injury and sec-144 for any dispute where arms and deadly weapons are carried out by group .So in these section megisterate prohibits the gathering of persons and put stay for further decisions.

so,I hope your wife and in-laws would have not crossed such things where court has to interfere for prohibitation.

In your case she can't even put stay in favour of Right to Residence as she is earning Women and facing RCR to join you.

So,there is no single point where she will oblect you to not purchase another flat by disposing your co-owned flat by your dad.

Feel free to dispose your self accquired property at anytime,there is no point of contradiction.

regards.

And if stakes are not high, selling this property is rather advisable.

In future, do not purchase new property directly in ur name till the mess is over.

Hey Rajiv.....

What do u mean by stakes are not high???????????

Thanks

I mean to say.........................if u r getting gandsom amount for this property sell off + u can manage sell-off process at this turn, definitely do it