Is it possible to file petition u/s CRPC 91 to ask the maintanance claiming wife to file the affidavit in which she needs to disclose her education and current working details. In case if she denies that she is not working then she need to clarify the reasons for not working.
please clarify whether this CRPC 91 can be filed in DV cases only or it can be filed in maintanance cases also. i am fighting the maintanance case and i am very much sure that she is working in a private company and earning around 15K per month. she is a masters in IT. inpsite of that she is claiming for 25K from me for the maintanance.
the maintanance case was filed before 1 year u/s crpc 125 and we are yet to reply with counter filing. i have next hearing posted on 02-apr and this is the last chance for me to file the counter petition. though i know very well that she is currently working but i don't have any info about the working company and salary details. i hired a detective to find the details but unfortunately it is getting delayed due to some reasons.
i cross checked with my lawyer about filing the petition under crpc 91 asking her to file the affidavit in the next hearing. but he is of the opinion that since she has mentioned in her maintanance petition she has claimed that she worked before marraige and stopped working after marriage because of some post marital problems. but now she is working in a private company and earning around 15K (i dont have any material proofs so far). but she kept silient about the current job in her petition and didn't mentioned any words about the current employment. my lawyer states that since she has kept silent on the petition about current employment details, and now if we ask her to file affidavit under crpc 91, it would backfire us. she might resign the job now and sworn in the affidavit that she is not employed anymore and the judge would pass the order based on the affidavit itself. can you please validate this?
pls guide me what should be my next step?
some more info about me... marraige didn't consumated..so no childrens...the very next day itself she ranaway due to her mental illness complaining that i have aids and extra affairs etc which is totally false...i have valid medical proofs that she had some mental illness and took medicines (both before marriage and after marriage)... divorce case is pending before court filed by me.. she has given false 498a complaints 5 times in different police stations and 2 times in DV act. but it couldn't harm me becuase i got the AB with me which shielded me from all her harrassments..now another weapon she is using in the form of claiming maintanance.. pls suggest the way how can i defend myself and avoid giving maintanance..
Thanks for your reply. I'll check with my lawyer and try to do so. I assume in case if she produce false information and then it would attract perjury on her and in case if she resigns the job then I have the point to say that 'You can't Incapacitate yourself i.e. no need to pay maintanance to previously working wife (a judgement related which says that no need to pay any maintance in case if the wife has worked before and resigned just to get maintanance..). I hope these 2 points might help me...
Please correct me if I am wrong..thanks for your suggestions..
thanks. now i understood the difference of both crpc91 and filing affidavit.
meanwhile now i have collected her working details thru some other detective and i have valid photos etc to prove that she is working and earning around 13K per month (i have photos of she entering the office, but i dont have any payslips or IT returns etc to prove her salary details and i am not sure how to get those details since i dont have the PAN details).
now as per my current plan, instead of filing reply counter this time by me, i want her to sworn the affidavit about her employment details.
in this scenario under which section i need to file the petition so that court would direct that lady to file the affidavit about her details?
finally she has withdrawn the maintanance case, interim maintanance and the subpeona sent to my employer (all the 3 cases on the same day).... she has taken this move after we asked her to file the affidavit in the court about her income and salary details and also sent the subpeona to her employer...
now only case pending enquiry is the divorce case filed by me and RCR filed by her...
my question is since she has withdrawn the cases on her own, is it possible for her to again appeal for the maintanance at later stages ? what are the chances of again appealing for maintanance ?