Crpc 125-proof of wifes previous employment

RAMJI (Querist) 12 February 2013 This query is : Resolved

Dear members

Here a case on crpc125. Wife got exparte divorce as prayed by her on cruelty/desertion. thereafter she file crpc 125 claiming maintenance for herself +child. Husband filed counter against MC,wife filed proof affidavit and enquiry is yet to start next month. YEsterday, husband managed to get a proof reg PREVIOUS EMPLOYMENT OF WIFE AS TEACHER IN A PRIVATE SCHOOL AND THAT TOO WHEN SHE WAS IN JOB on date of filing CRPC125, just after filing crpc, wife resigned the job. As it was not known to him when he filed counter, he was not countering her unemployment..... now he got proof as said above... under these circumstances, questions are as below:

1. Can husband file a addl/supplementary counter enclosing the newly got proof of her employment when she filed MC?
OR
2. Is it good to file it as an I.A or memo to reject the MC case...

3. should husband submit to court during cross exam?
4.any other views /advises pls
REgards
RAMJI

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Raj Kumar Makkad (Expert) 12 February 2013
1. Filing additional counter shall be best option with additional prayer to dismiss the petition with cost.

2. Husband should file a prejury application before the same court.