We got married in 1995 at chandigarh--i am an army officer with 30 years service still serving--my wife has separated from me in 2016 at the insistence of her parents who disapprove of my mother staying with us in the same house-now the inlaws have asked my wife to write to the army authorities and ask for maint allce citing that i am alcoholic/psychotic/diabetic and there is an air of depression in the house due to my aged mother staying in the house--the army authorities are now going to send me a show cause notice to prove why maint allce should not be paid to wife--i do not drink since 2007 and am not psycotic --i am diabetic since last few years--my mother is 90 years with no sickness she does require help in walking--we have one adopted daughter legally who is 11 years old and staying with my wife--i have appealed to them time and again to return on phone and my mother has visited chandigarh twice to request inlaws but nothing positive resulted--my mother and mother in law are real sisters from same parents--how do i reply to the show cause notice
Hello,
Get a reply drafted from a lawyer. Mention in the same that your wife went out on her own and that the presence of mother in the house is no reason to leave the house rather that amounts to mental cruelty.
Also, negate all the allegations levelled by her against you and give the proves in this regards.
Regards
Basically you have to explain that you are not at fault and produce all evidence in support of your reply.
1) in your reply to show cause notice deny the allegations made that you are alcoholic , psychotic
2) mention that wife has deserted you of her own accord and inspite ofrepeated reminders refuses to return to her matrhome as your mother aged 90 years is staying with you
Dear Client,
Her letter itself is your defence, -- there is an air of depression in the house due to my aged mother staying in the house -- What else you want.
Teetotler will be proved by medical examination and wife who deserted husband and force husband to stay away from parents not entitle to maintainance, same ruled by Supreme Court.
And wife who left husband due to his deceased - diabetic- dose not deserve any relief.
1) Whatever points you have narrated above same point you should mentioened in the show cause notice. Write down all in details point wise and you are ready to live your life with yyour wife and daughter.
The show-cause notice needs to be perused in order to render you proper advice. Generally speaking, you have to counter all the allegations and objections poit-wise effectively, and have the neceassry evidence to support your defence.
You have to reply the show Cause Notice by the army office but at but at the same time your mother required to maintenance from you and that is your responsibility its legal and social as well in case your wife is asking for the maintenance that can be given by the army from your salary as per the army rules because she is your wife and the maintenance is your responsibility.
In case you do not want to continue with your wife in this wadlock you have the options open to go for rcr and later on go for divorse but in any case you have to pay the maintenance
Sir first the ground should be wife has willingly deserted and to seperate you from old age mother, further you have asked along with you mother to come back but she is intimidating you so that you desert you old mother.
secondly if she is qualified or working contend same.
Thirdly deny all the allegations like drink or psycotic.
