1) Client intake & choice of statutory head

What to do:

• Obtain full fact-history: marriage date, ceremony, registration, children, employment details, assets, incidents (dates), medical reports, FIRs, prior orders, communications, witness list.

• Decide legal pathway: divorce petition (HMA/SMA/other), petition for restitution of conjugal rights (if reconciliation attempted), suit for nullity/annulment (if marriage void/voidable), custody/guardianship petition (under Guardians & Wards Act), or CrPC §125 maintenance petition.

Statutes to cite:

• HMA §13 / §13B for divorce; HMA §9 for restitution (if applicable); Special Marriage Act counterpart if not Hindu.

2) Immediate protective & urgent civil/criminal steps

What to do:

• If threats/violence, file PWDVA application for protection, residence order, monetary relief.

• If physical assault/dowry harassment, lodge FIR (IPC 498A, assault, etc.). Collect MLC/medical reports immediately.

Statutes to cite:

• PWDVA for civil protection; IPC (498A etc.) and CrPC for criminal complaints.

3) Interim reliefs and urgent applications

What to do:

• Apply for interim maintenance (HMA §24 / CrPC §125) pendente-lite, exclusive occupation of shared household, custody of minors (temporary), injunctions to prevent alienation of assets.

• Seek ex-parte interim orders where urgency exists.

Statutes to cite:

• HMA §24, CrPC §125, PWDVA (for residence/interim reliefs).

4) Drafting & filing the main petition (divorce / restitution / nullity)

What to do:

• Draft petition with clear causes of action, chronology, reliefs, interim prayers, list of documents and affidavits (assets & liabilities, income proof).

• If mutual consent, ensure compliance with statutory cooling period and conditions (HMA §13B procedure).

Statutes to cite:

• HMA §13 or §13B (or Special Marriage Act equivalent) as main relief.

5) Parallel proceedings & tactical coordination

What to do:

• Coordinate concurrent PWDVA / CrPC §125 / criminal FIR where facts overlap; advise client about the strategic pros/cons (speed of CrPC 125, remedial nature of PWDVA, potential for criminal exposure).

• Preserve evidence in both streams: certified copies, originals, chain of custody for digital proof.

Statutes to cite:

• PWDVA, CrPC §125, IPC provisions as needed.

6) Document discovery, financial tracing & injunctions

What to do:

• Seek full disclosure of bank statements, property deeds, GST / business accounts, investments. Use court’s production/discovery powers or summons to third parties (banks).

• For suspected asset dissipation, apply for ex parte injunction / freezing order and appoint forensic accounting experts.

Statutes / procedure:

• CPC/Family Court rules for production / discovery; rely on court’s inherent powers for injunctions.

7) Child custody & maintenance strategy

What to do:

• File custody/guardianship under Guardians & Wards Act or include custody prayers in the matrimonial petition. Emphasize child’s best interest, schooling, medical needs.

• For child maintenance, request specific monthly amounts with supporting cost breakdown; consider interim maintenance via CrPC §125.

Statutes to cite:

• Guardians & Wards Act (custody), CrPC §125 and HMA §24/25 for maintenance/alimony.

8) ADR / mediation while litigation proceeds

What to do:

• Use court-mandated mediation or private mediation where appropriate; record any settlement as consent terms and convert to decree (mutual consent divorce uses HMA §13B procedure).

Statutes / practice:

• HMA §13B (mutual consent); Family Court / High Court practice directions regarding mediation.

9) Evidence & witness preparation

What to do:

• Prepare client and witnesses for cross-examination, create concise witness affidavits, compile chronological bundle and tabbed index for court. Preserve metadata for digital evidence (phones, WhatsApp).

• Engage experts where necessary: forensic accountants, valuers, child psychologists.

Legal anchors:

• Evidence Act admissibility rules; expert admissibility under Evidence Act / CPC.

10) Trial preparation & trial

What to do:

• Prepare opening statement, exhibits (chronology, financial charts), witness sequence, and focused cross to impeach credibility or show inconsistencies.

• Seek specific orders: custody schedule, maintenance quantum & duration, property division or settlement terms, costs.

Statutes / remedies:

• HMA sections for divorce grants; HMA §25 for alimony; CrPC §125 enforcement procedures for maintenance.

11) Decree drafting, execution & enforcement

What to do:

• Draft decree wording precisely (dissolution, custody details, maintenance schedule, property settlement). Obtain certified copies and serve.

• For non-compliance, pursue execution (attachment of property, garnishee, contempt) through appropriate courts.

Procedure:

• CPC execution rules; CrPC enforcement for maintenance; contempt jurisdiction of the court.

12) Appeals & post-judgment remedies

What to do:

• File appeals within statutory timelines on points of law/fact where necessary. For modification of maintenance/custody, file variation or review petitions as permitted.

Statutes / process:

• CPC / Criminal Procedure rules govern appeals; HMA/Special Marriage Act may have specified appeal routes.

13) Client counselling & ethics

What to do:

• Advise client about expected timeline, costs, confidentiality, and the consequences of criminal allegations. Avoid encouraging evidence fabrication or wrong conduct.

• Focus on child welfare and attempt pragmatic settlement when it meets client objectives.

Pragmatic checklist of sections and statutes to keep ready (frequently used)

• Hindu Marriage Act, 1955 — Section 13 (grounds for divorce), Section 13B (mutual consent), Section 24 (interim maintenance), Section 25 (permanent alimony/maintenance), Section 9 (restitution of conjugal rights).

• Special Marriage Act, 1954 — divorce and mutual consent provisions (use when marriage registered under SMA).

• Protection of Women from Domestic Violence Act, 2005 — protection/residence/monetary relief.

• Code of Criminal Procedure, 1973 — Section 125 (maintenance).

• Indian Penal Code (IPC) — Section 498A (cruelty) and other offence sections as relevant.

• Dowry Prohibition Act, 1961 — dowry offences.

• Guardians and Wards Act, 1890 / child-welfare statutes — custody/guardianship.

• Family Courts Act, 1984, CPC, and relevant High Court rules for procedure, execution and appeals.

Sample prayers / drafting pointers (short templates)

• Divorce petition (HMA §13): “That this Hon’ble Court be pleased to pass a decree of dissolution of marriage under Section 13 HMA on the ground of [cruelty/adultery/desertion/etc.] and to grant custody of minor [name/age] in favour of the petitioner, interim maintenance @ Rs. ___ and permanent alimony as deemed fit, and costs.”

• Mutual consent (HMA §13B): ensure both petitions filed and statutory waiting/cooling period complied with; draft consent terms and prayer for decree on mutual consent.

• CrPC §125 maintenance: prayer for monthly maintenance to wife/children/parents with breakup of expenses and proof of respondent’s income.

Delhi practice tips

• Use Protection Officers & Service Providers in PWDVA cases; Delhi courts often expect their reports in DV matters.

• Family Courts / Metropolitan Magistrate benches in Delhi can be faster for interim PWDVA and maintenance matters — choose forum tactically.

• Keep a concise indexed bundle and a short chronology for the judge (judges appreciate a 2-page chronology + tabbed documents).