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?