Mutual Consent Divorce Process in Odisha: Step-by-Step Guide (Section 13B)
A mutual consent divorce in Odisha is filed under Section 13B of the Hindu Marriage Act when both spouses agree the marriage has broken down irretrievably. It requires a joint petition, a first and second motion before the Family Court, and usually a 6-month cooling-off period, which courts can waive. Most cases conclude within 6 to 18 months.
By Advocate Debarchana Samal · 30 July 2026 · 8 min read
What is Mutual Consent Divorce Under Section 13B?
Section 13B of the Hindu Marriage Act, 1955 allows a husband and wife to jointly seek divorce when both agree that they can no longer live together as spouses. Unlike a contested divorce, there is no requirement to prove fault or a specific ground such as cruelty or desertion — both parties simply need to establish that they have been living separately for at least one year and that the marriage has irretrievably broken down. This route is generally faster, less adversarial, and less expensive than a contested divorce, provided both spouses genuinely agree on the terms of separation, including alimony, custody, and division of property.
Eligibility Conditions
Step-by-Step: The Mutual Consent Divorce Process in Odisha
Confirm eligibility and prepare a settlement
Before filing, both spouses (usually with their respective lawyers) negotiate and finalise a settlement covering alimony, return of stridhan, child custody and visitation, and division of assets. A clear, written settlement prevents disputes later in the process.
Draft and file the joint petition before the Family Court
A joint petition under Section 13B is drafted and filed before the Family Court having jurisdiction — typically where the couple last resided together, where the marriage was solemnised, or where the wife currently resides. Cuttack Family Court handles most such matters for residents of the district.
Appear for the First Motion
Both spouses appear before the court, and their statements are recorded confirming that they are seeking divorce voluntarily, without pressure, and are aware of the consequences. The court then typically directs the matter to be listed after the cooling-off period.
Observe (or seek waiver of) the 6-month cooling-off period
The law provides for a minimum gap of 6 months and a maximum of 18 months between the First and Second Motion, intended to allow for reconciliation. Where reconciliation is clearly not possible and terms are fully settled, courts can waive this period on a joint application, following the Supreme Court's ruling in Amardeep Singh v Harveen Kaur.
Appear for the Second Motion and receive the final decree
At the Second Motion, both spouses again confirm that their consent has not been withdrawn and that the settlement stands. If satisfied, the court passes the final decree of divorce, legally dissolving the marriage.
Documents Required
Identity & Marriage Proof
Marriage certificate or proof of marriage, address proof and ID proof of both spouses, marriage photographs
Settlement Documents
Signed settlement agreement covering alimony, custody, and property; proof of separate residence for one year
Financial Documents
Income proof of both spouses if alimony is being decided, details of joint assets or liabilities
Children Related (if any)
Birth certificates of children, agreed custody and visitation schedule, education and welfare arrangements
Important: A mutual consent divorce can only proceed while both spouses continue to agree. Either party can withdraw consent at any time before the final decree, even at the Second Motion stage. Ensure your settlement is complete, fair, and clearly documented before filing, so there is less risk of the process breaking down midway.
Frequently Asked Questions
How long does a mutual consent divorce take in Odisha?
A mutual consent divorce typically takes between 6 months and 18 months in Odisha, depending on whether the court waives the mandatory 6-month cooling-off period and how quickly both parties complete the two motions. If the court grants a waiver under the Supreme Court's guidelines in Amardeep Singh v Harveen Kaur, the process can conclude in as little as a few weeks after filing, though this is not automatic.
Can the cooling-off period be waived in Odisha?
Yes. Family Courts in Odisha can waive the 6-month cooling-off period between the First and Second Motion if the parties have already been separated for a long time, genuine efforts at reconciliation have failed, and all issues including alimony, custody, and property have been settled. The waiver is discretionary and must be specifically requested through an application supported by both spouses.
Do both spouses need to appear in court personally for a mutual consent divorce?
Generally, yes, both spouses must appear in person for recording statements at the First and Second Motion. However, courts have permitted appearance through video conferencing or, in limited circumstances, through a power of attorney holder where a spouse is settled abroad or unable to travel, subject to the court's satisfaction.
What happens if one spouse withdraws consent after filing?
Either spouse can withdraw consent at any point before the final decree is passed, including at the Second Motion stage. If consent is withdrawn, the mutual consent petition cannot proceed, and the case effectively fails. The other spouse would then need to consider filing a contested divorce petition on an applicable ground if they still wish to separate.
What is typically included in a mutual consent divorce settlement in Odisha?
A typical settlement covers permanent alimony or a one-time settlement amount, return of stridhan (a wife's personal property and gifts), custody and visitation arrangements for children, and division of jointly held assets. A well-drafted settlement, prepared with legal help, prevents future disputes and makes the court process smoother.
Considering a Mutual Consent Divorce in Cuttack or Odisha?
Advocate Debarchana Samal, Cuttack, Odisha, helps couples navigate mutual consent divorce with a fair settlement, correctly drafted petitions, and support through both motions before the Family Court. Contact us for a confidential, compassionate consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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