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Wife Cheated on Husband and Left the Matrimony House
22-Sep-2026 (In Divorce Law)
My wife left the matrimonial home without any provocation or preceding issue. In doing so, she willingly left behind our 5-month-old newborn and our 6-year-old daughter in the sole care of mine (husband), demonstrating a lack of affection and responsibility towards her own children. She had left the matrimonial house on multiple occasions in the past.
Upon investigation - I found she was talking with one of her old male friend and hiding the call details.
Now i want send a legal notice.
As per the facts of your case, if you want your wife to return and resume cohabitation with you, you may issue a legal notice seeking Restitution of Conjugal Rights. Alternatively, if you wish to seek divorce from your wife, you may issue a legal notice seeking divorce.
However, issuing a legal notice is not mandatory for either a petition for Restitution of Conjugal Rights or a divorce petition. You may directly file the appropriate petition before the competent court without issuing a legal notice.
For filing the petition and obtaining further legal advice, you may contact me.
K. Shashikumar
Advocate
Bengaluru
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Adv. Shashikumar K
Adv. Shashikumar K
Bangalore / Bengaluru | 5+ Answers
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Dear Sir
You can send a legal notice seeking restitution of conjugal rights or demanding her return to fulfill matrimonial and parental duties Her deliberate act of deserting a 5 month old infant and a 6 year old child without cause amounts to severe mental cruelty and abandonment Under Indian law desertion and mental cruelty are valid grounds for filing a divorce petition under Section 13 of the Hindu Marriage Act if reconciliation fails In the notice you must clearly detail her timeline of departure her neglect of minor children and her breach of marital duties You should also reserve your right to file for full legal and physical custody of both children under the Hindu Minority and Guardianship Act keeping their welfare as the paramount consideration Document all evidence such as call records messages witness details or proof of continuous care on your part before initiating legal action It is advisable to consult a family law practitioner to draft and dispatch the notice formally
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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I will send the legal notice to come back. Even if she is not ready to come back then you file a restitution of the conjugal rights case. Because two children's lives are more important than her boyfriend. If you need further queries please contact me.
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Adv. Savitha Savi
Adv. Savitha Savi
Mangalore | 200+ Answers
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you have not stated the remedy that you are seeking from the wife who has gone away leaving you and children ? are you calling her back Har asking for a divorce ? do you have a proper evidence offer having an affair with that male friend or is it just a suspicion ? even without her having an affair you she does not return for quie sometime she is guilty after desertion.
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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