Divorce in progress , request advice

1.    Repliers life would be simpler if brief is put in straight here.

“Hi, i'll try to make the story short. Quite a few months ago I suspected my wife is getting someone ay home when I am gone so I put a recorder & one day I found that she is whispering & talking to someone in the bedroom ( couldn’t hear the other person ) however my son was put in hall. So for sure someone was there. Also there were earlier instances where my personal things like my apparels, gadgets kept missing & she blamed  me saying I was forgetting everything.

When I told her that her activities are suspicious & cheap , she told everyone in the family that I am going psyched & need a doctor. Now I have applied for divorce however she is not showing up in court for the summons. Looks like she is looking for the flat which I booked in joint name & the loan is also in joint name however its me who is paying the EMI since the beginning.

She is not showing up ( since she is in a different state ) & Ex-Parte may come through and she can set it aside in high court , I am ready to fight since I know I am right at my place. I also have SMS exchange where she has acknowledged that she received the notice and lately i told her that its the 3rd hearing and she is expected in the court.

I have following questions

What about the flat ? She just contributed 2 lakhs for this & I have an email communication where I am ready to give here whatever she contributed, I am adrey to pay my kids expenses however she will have no say in the flat & she agreed. But later on its a flip flop from her side. She has no brothers in her family & just one sister, can I ask my lawyer to put this in terms that she already has quite an amount of property & need not ask mine ?
Take: She will get back her 2 L and you will get your flat provided you file a separate case for the same. If you have paid the maximum amount then the flat is yours and she cannot claim more than her monetary share. But the catch here is donot prolong your Divorce case and get same decided on merit or ex part whatever stage it is in right now. If present case is converting into Mutual Consent Divorce then such terms and conditions can be put and not in vanilla Divorce suit matters.
Reason:
Once case reaches 3 years she may file a counter claim in your divorce suit stating ‘irretrievable breakdown of marriage’  and that will pave way for ld. Judge ot decide on her S. 25 HMA based on soon to become Law (Hindu Marriage Act Amendment which was passed by Upper House just yesterday).

I am sure that she is working from her maternal home, what will be the alimony case in this?
Take: Court does not decide cases in favor of Men based on ‘guess work’ as alleged by you about her possible work – earning an income. You have to prove to Court that she is indeed working. If you are not able to prove she is not working then in that case pendentelite alimony is decided first which is mostly 1/3^rd. of your income after all statutory deductions you show and get approved from Court. Permanent alimony is based  on conduct of parties, length of marriage r//w  re-marriage avenues of weaker spouse in a vanilla divorce suit matter.

All I know is that she also knows that her cheapness has gotten us into this situation however she want/cant say that now to anyone. So now she is afraid/ashamed with a divorce status against her , also she is looking for extracting money from me.”
Observation: Unless you would have caught her red-handed it was not advisable to have gone ahead and filed divorce suit on grounds of possible adultery of wife if that is the ground you have taken as your brief is more about certain ‘cheapness’ of a weaker spouse and not about actual ground you took in that vanilla divorce of yours. Ideally in such behind the scene amorous activities of a wife when her husband is not at home is that a street smart husband the moment he finds ‘another man’ in his bedroom with his wife is to lock from outside his main door of the home and call # 100 Police Control Room with allegation of “someone in bedroom and something happening between wife and a man and loud voices coming out of the bedroom” 'kindly help  women”! What happens then is that police arrives at your home - flat and searches the house and when finds a ‘stranger male coming out of hidding from bedroom’ police takes statement about his nature of visit when you are not at home and ‘answer’ to such question from police raiding party is very very difficult for any stranger male to give on ‘material record’ when there are dozen neighbors also standing outside as to what is happening in your flat and besides all these yoru wife also is standing in a corner keeping mum as before you and police neither she can support her alleged lover nor she can make any statement against you! J Based on such search and raiding after calling # 100 a case of “inclination for adultery by wife’ becomes stronger and thus divorce based on indirect bringing material facts of such ‘inclinations’ a smart husband aspires to get and do get at the end of the trial Divorce in his favour.