My Wife has second name in the property. What are her rights as we are filing for divorce
I have been married for 6 years and we have a 4yr son out of wedlock. I am into business and has made 4-5 properties (commercial / residential) from my own income, all purchased after marriage. Due to irreconcilable differences, we finally decided to take divorce and she initially didn't want anything as settlement. Still I am depositing some amount in her bank regularly for the child. Now after 6 months, just a couple of days before we were going to file the divorce (on mutual terms as per the draft made by her), she backed out and now she wants one residential property in child's name and she be named as custodian. I had offered to invest substantial amount in child's name in some government bonds / reputed scheme and also to give monthly maintenance to the child. But she wants only property, which most probably she will quickly sell off after divorce and the child might not get the full benefit. Now in all my properties, I have kept a second name ( father's in one residential property in which we live, mother's in another commercial one from where I run my business and my wife's in the residential property which as on date is on rent and she wants the total property in son's name). However in all, the investment is only made by me. Where do I stand now? Besides this I have a couple of more properties in my name. My query is
1. How much right she has on all my properties, including the one in which I have put her as second name (keeping good faith)?
2. If my parents are living in one property and I live in the other (which has mine and my wife's name), can the court ask me to leave the same?
3 If the wife has not invested / contributed anything in the property, can she still claim for the same, just because her name is there?
4. In case I name the property in minor's name and make my wife custodian of the same, does she gets the rights to sell off the property at her will?
5 I wish and intend to settle on a monthly maintenance for wife / child and she is more interested in property. What are my chances in the court of law in India.
6. I am ready to pay a monthly maintenenace of around 20-25K to child/wife and deposit a substantial amount for child's future. Now she belongs to a rich family and thinks that this is nothing. Besides she first wants property. Can I ask the court to give me the custody of the child in this case?
Kindly help and advise. What shall I do and how to get this matter resolved.
