1) Client intake & identify statutory basis

What to do

• Take full factual history, documents, evidence list, objectives (custody, maintenance, alimony, division of property, criminal relief).

• Decide which statute to file under (commonly: Hindu Marriage Act, 1955; Special Marriage Act, 1954; Muslim law cases follow personal law; Civil Courts where applicable).

Sections commonly relied on

• Hindu Marriage Act, 1955 — Section 13 (grounds for divorce: cruelty, adultery, desertion, conversion, unsoundness of mind, etc.) and Section 13B (divorce by mutual consent).

• Special Marriage Act, 1954 — contains analogous provisions for grounds and mutual consent (use the Act’s divorce provisions corresponding to HMA).

• If parties married under other personal laws, use the relevant personal law provisions for divorce.

2) Emergency & interim remedies (statutory remedies to seek immediately if required)

What to file

• Applications for interim maintenance / pendente-lite relief, exclusive possession of matrimonial home, injunctions to prevent asset dissipation, and protection orders in domestic violence situations.

Sections / statutes commonly used

• Hindu Marriage Act — Section 24 (interim maintenance and expenses of proceedings) and Section 25 (permanent alimony and maintenance) — invoke when seeking maintenance under HMA.

• Criminal Procedure Code (CrPC), Section 125 — maintenance to wife/children/parents (fast and powerful remedy independent of matrimonial petition).

• Protection of Women from Domestic Violence Act, 2005 — to obtain protection orders, residence orders, monetary relief, custody/visitation (use PWDVA for domestic abuse situations; it provides civil relief and quick remedies).

• Civil injunction powers or freezing orders (seek court’s injunctive relief to stop sale/transfer of property).

3) Criminal relief where conduct amounts to offences

What to do

• If cruelty, dowry harassment, or threats: advise client about criminal complaints and coordinate parallel criminal proceedings where appropriate.

Important penal provisions often invoked

• Indian Penal Code (IPC) Section 498A — cruelty by husband/relatives (dowry-related harassment often prosecuted under this).

• IPC Section 304B — dowry death (in severe cases where death is alleged due to dowry).

• Dowry Prohibition Act, 1961 — for dowry transactions and seizure/complaint remedies.

• Note: advise client about the interplay between matrimonial and criminal proceedings (both may run simultaneously).

4) Pleadings — drafting the petition / complaint

What to include

• Choose appropriate statutory head (e.g., HMA Sec. 13 or 13B). Draft concise grounds, reliefs sought (dissolution, custody, maintenance, alimony, costs), and list of interim reliefs.

• Attach detailed affidavit(s) of facts, financial disclosure (assets, liabilities, income), and supporting documents.

Sections to cite in pleadings

• HMA Section 13 / 13B (or Special Marriage Act equivalent) as the main cause-of-action.

• If seeking interim maintenance, cite HMA Sec. 24 (or CrPC 125) and PWDVA (if applicable).

• If seeking residence / protection orders, cite PWDVA provisions.

5) Discovery, disclosure & tracing assets

What to do

• Seek full disclosure of income, bank statements, property records; use procedural tools (discovery, interrogatories, production of documents, subpoenas/enquiries).

• If hidden assets suspected, engage forensic accountant and seek court permission for third-party subpoenas or inspection of books.

Statutory/Procedural anchors

• Plead and apply to the court for specific discovery and production of documents under the court’s procedural rules (e.g., family court rules or civil procedure code provisions for production).

6) ADR (mediation/settlement) while litigation proceeds

What to do

• Use mediation/conciliation actively; record offers formally. If mediation fails, continue litigation but keep settlement options open.

Legal backstop

• Section 13B HMA (mutual consent) — settlements by consent can be converted into mutual consent divorce petitions if both sides agree and statutory cooling periods (where applicable) are followed.

7) Evidence collection & affidavit preparation

What to build

• Chronology, documentary bundle, witness affidavits, electronic evidence (preserve metadata), medical/police reports, school records for custody issues, income proof.

Admissibility anchors

• Ensure certified copies, properly sworn affidavits, and chain of custody for digital evidence to satisfy court’s rules of evidence.

8) Interim hearings & applications

Typical interim prayers

• Interim maintenance pendente-lite, exclusive occupation of house, custody/temporary guardianship, injunctions against alienation of property, costs.

Sections / laws to cite

• HMA Sec. 24 / 25, CrPC 125, PWDVA (for protection/residence/monetary reliefs), and court’s inherent jurisdiction for injunction.

9) Trial strategy, witnesses & experts

What to prepare

• Opening statement, witness list (client first if necessary), cross-examination plan, expert reports (valuation, forensic accountant, child psychologist).

Expert evidence

• If seeking valuation or proving complex financial concealment, cite reliance on forensic/accounting experts’ reports and seek their admissibility.

10) Final reliefs, drafting the decree & enforcement

Reliefs to seek

• Divorce/dissolution decree (with specific words), custody schedule (detailed), visitation, permanent alimony & maintenance (amount, periodicity), division/settlement of matrimonial property, costs, and enforcement directions.

Sections that govern orders

• HMA Section 25 (permanent alimony/maintenance), CrPC 125 (enforcement of maintenance orders), Family Courts Act provisions for enforcement in family court if applicable.

11) Appeals & execution

If adverse order

• File timely appeal on points of law/fact. For non-compliance, file execution petitions or contempt proceedings (court’s contempt jurisdiction / execution procedures under CPC/CrPC).

12) Practical checklist of statutes to keep handy (India)

• Hindu Marriage Act, 1955 — Section 13 (grounds), 13B (mutual consent), 24, 25 (maintenance/alimony related provisions).

• Special Marriage Act, 1954 — divorce provisions analogous to HMA (use the Act’s divorce/mutual consent sections).

• Criminal Procedure Code, Section 125 — maintenance to wife/children/parents.

• Indian Penal Code — 498A (cruelty by husband/relatives), 304B (dowry death) and other relevant offences.

• Protection of Women from Domestic Violence Act, 2005 — protection orders, residence orders, monetary reliefs, custody/visitation components.

• Dowry Prohibition Act, 1961 — offences relating to dowry.

• Family Courts Act, 1984 (if proceeding in family court) and the Code of Civil Procedure for execution/appeals.