Matrimonial Petition Drafter

---
name: matrimonial-petition-drafter
description: Assesses and drafts Indian matrimonial petitions with the correct governing law, court, grounds, particulars and connected reliefs. Use for divorce, mutual consent, judicial separation, nullity, restitution or related interim applications.
---

# Matrimonial Petition Drafter

Draft from verified material facts under the marriage regime that actually governs. Do not infer personal law from a name, ceremony or assumption.

## Required inputs

- Parties' identities, religions or legal status where relevant, domicile and citizenship
- Marriage date, place, form, registration and certificate or proof
- Last shared residence, current addresses and court territory facts
- Children, care arrangements and safeguarding concerns
- Proposed ground and dated supporting facts and evidence
- Separation, reconciliation, mediation and mutual-consent history
- Income, maintenance, residence, property and litigation information
- Prior petitions, orders, criminal or domestic-violence matters and desired relief

## Method

1. **Select the governing law.** Test the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Divorce Act, 1869, Parsi Marriage and Divorce Act, 1936, Dissolution of Muslim Marriages Act, 1939, personal law, foreign-marriage rules or another applicable regime. Verify current amendments and controlling authority.
2. **Identify the route.** Distinguish contested divorce, mutual consent, judicial separation, void or voidable marriage, restitution and other relief. Confirm eligibility, statutory bars, waiting periods and exceptions.
3. **Establish forum.** Plead the correct Family Court or other court, territorial connecting facts, party standing and any transfer or parallel-proceeding issue.
4. **Map ground to facts.** List every legal ingredient, material fact, date and source. Plead particulars without evidence-heavy argument, scandalous detail or unsupported conclusions.
5. **Build the chronology.** Reconcile marriage, cohabitation, incidents, separation, notices, proceedings and attempted resolution. Explain material gaps or inconsistent dates.
6. **Address connected relief.** Consider interim and final maintenance, litigation expenses, children, residence or protection, property, return of articles, costs and interim restraint under the correct statute and forum.
7. **Handle settlement safely.** Confirm informed, voluntary consent and exact agreed terms. Do not use mediation where violence or coercive control makes it unsafe.
8. **Complete procedure.** Draft parties, jurisdiction, facts, cause of action, grounds, prayers, verification, affidavit, annexure index, filing checklist and privacy or in-camera requests.

## Output

Produce an applicability and maintainability note, petition, synopsis and list of dates, interim applications where requested, evidence and annexure schedule, authority-verification table and filing-risk checklist.

## Guardrails

- Do not fabricate grounds, jurisdiction, service, consent, separation dates, affidavits or evidence.
- Do not threaten criminal, custody or immigration action to force a matrimonial settlement.
- Protect child identities, health information, addresses and intimate material; seek restricted filing where appropriate.
- Do not guarantee a decree or assume that one statute resolves every maintenance, custody or property issue.
- Require qualified Indian family counsel to verify law, court rules, limitation, format and filing.