1) Intake & jurisdictional triage

What to do

• Get full facts: parties’ details, family tree, marriage/registration details, dates, children (names/ages), addresses, assets, prior court orders, FIRs, medical records and any interim relief already obtained.

• Identify dispute type: matrimonial (divorce/restitution), domestic violence, maintenance, child custody/guardianship, partition/joint family, succession (will/intestate), adoption, probate, or hybrid (e.g., custody + divorce).

• Decide forum: Family Court, District/Magistrate court, Civil Court, or specialized tribunals (based on statute and relief sought). In Delhi, family courts and metropolitan magistrate benches are commonly used for many family matters.

Statutes often invoked at intake

• Hindu Marriage Act, 1955 (HMA) — §§9, 13, 13B, 24, 25 (restitution, divorce, mutual consent, interim/permanent maintenance).

• Special Marriage Act, 1954 — analogous divorce/restitution provisions for inter-religious marriages.

• Protection of Women from Domestic Violence Act, 2005 (PWDVA) — protection, residence and monetary relief for aggrieved persons.

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

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

• Hindu Succession Act, 1956; Indian Succession Act, 1925 — succession, wills, probate, intestacy rules.

• Guardians and Wards Act, 1890 — custody/guardianship for minors (child’s welfare test).

• Family Courts Act, 1984 — practice where family court jurisdiction applies.

• Dowry Prohibition Act, 1961 — where dowry/demand allegations arise.

• Adoption statutes (Hindu Adoption and Maintenance Act, JJ Act procedures, CARA/SSAA rules) — adoption procedures.

2) Risk assessment & urgent steps

Actions

• Identify immediate risks: physical danger, child safety, imminent asset dissipation, eviction, or non-payment of maintenance.

• Preserve evidence: medical reports (MLC), photographs, call logs, screenshots, bank statements, children’s school records, witness contacts. Maintain originals and metadata where possible.

• File urgent remedies if necessary: PWDVA application, ex-parte residence order, police FIR, or CrPC §125 maintenance petition.

Key statutes for urgent relief

• PWDVA — protection orders, residence orders, monetary relief.

• CrPC §125 — quick maintenance orders.

• IPC §§ (498A, assault etc.) — for criminal complaints.

3) Advising on parallel remedies & strategy

What to consider

• Often run civil (PWDVA, family/matrimonial petition) and criminal (FIR/IPC) proceedings concurrently — coordinate evidence and client expectations.

• Consider arbitration/mediation, especially in high-conflict but settlement-possible matters (child welfare and costs favor negotiated settlements).

• Tactical choice of forum influences speed and remedies (Family Court vs Civil Court vs Magistrate).

4) Pleadings & statutory head selection

Drafting steps

• Select proper statutory head: HMA §13 (divorce), HMA §13B (mutual consent), Guardians & Wards Act (custody), Hindu Succession Act or Indian Succession Act (succession/partition) or Partition suit (joint family disputes).

• Prepare well-drafted affidavit of facts, list of documents, assets & liabilities statements and the specific reliefs sought (interim and final).

• Plead jurisdiction and maintain clear chronology.

5) Interim applications & reliefs to seek early

Common interim prayers

• Interim maintenance (pendente-lite), temporary custody, visitation (access), exclusive occupation of matrimonial home, injunction against sale/transfer of property, freezing/attachment orders, protection orders (PWDVA).

• For non-compliance of earlier orders, contempt/execution petitions.

Statutes/Procedures

• HMA §24/25, CrPC §125, PWDVA, CPC execution rules, court’s inherent powers (injunctions).

6) Discovery, financial tracing & expert use

What to do

• Serve discovery for bank records, salary slips, tax returns, company books, property titles. Use summons/subpoenas to third parties and bank audits if needed.

• For business/complex assets, instruct forensic accountants, valuation experts, and file applications for forensic audit or account production.

• For partition/joint family disputes, obtain family settlement documents, mutation records, revenue records and land registry extracts.

7) Evidence aggregation & witness preparation

Build the case

• Create an indexed chronologic bundle and a short (1–2 page) chronology for the judge.

• Prepare witness affidavits and cross-examination prep for client/witnesses. Preserve digital evidence chain of custody.

• For child matters, consider child welfare reports, school records, psychologist reports, and appoint guardian ad litem where appropriate.

8) ADR & settlement management

Use it tactically

• Courts often encourage mediation/conciliation; settlements can be converted into consent orders (e.g., HMA §13B mutual consent divorce or consent terms recorded in family court).

• Record offers formally and use settlement offers strategically (may affect costs).

9) Trial strategy & conduct

Trial essentials

• Open with a concise factual theme tied to legal elements. Lead strongest witnesses and exhibits, use timelines and demonstrative financial charts.

• Address best interest of child standard in custody fights; seek expert evidence to support parenting capability where needed.

• For partition/succession, prove title chains, shares, and adverse possession if claimed.

10) Remedies, decree drafting & enforcement

After success

• Draft decree precisely: custody schedule, maintenance quantum/duration, property division terms, sale directions, costs, compensation.

• For non-compliance seek execution (attachment, garnishee, sale), contempt, or criminal enforcement (if PWDVA/IPC orders violated). For maintenance, use CrPC execution procedures.

11) Appeals, review & modification

Post-decree

• File appeals within statutory periods on law/fact. For change in circumstances (maintenance/custody), file modification/variation petitions. For wills/intestate succession, consider probate appeals where applicable.

12) Client counselling & ethics

Advise the client

• Discuss timelines, realistic outcomes, costs, and emotional impact. Protect client privacy and maintain professional conduct. Prohibit fabrication/destruction of evidence. Focus on child welfare and pragmatic settlements when appropriate.