How Mutual Consent Divorce Proceeds at Bhubaneswar Family Court
The framework is Section 13B of the Hindu Marriage Act, 1955, under the Orissa High Court's supervisory jurisdiction. Here is how the process moves from start to decree.
- Settle all terms before filing — alimony, custody and visitation, property division, and withdrawal of any pending proceedings (498A, DV Act, maintenance). Every term must be specific and documented before the petition is drafted. Vague settlement language is queried at the First Motion and causes avoidable delays.
- File the joint petition — submitted at the Bhubaneswar Family Court registry via the Odisha eCourts portal or in person at Lewis Road, Old Town. The registry scrutinises jurisdiction, pleadings, and document completeness before assigning a First Motion date. Both spouses must sign before filing.
- First Motion hearing — both spouses appear before the judge. Statements confirming voluntary consent and one year of separation are recorded on oath. The court grants the First Motion and refers the parties to the court counsellor. For NRI or outstation spouses, video conferencing may be permitted at judicial discretion.
- Mandatory counselling session — both spouses attend a session with the court-appointed counsellor under the Family Courts Act, 1984. The counsellor's report is filed before the case proceeds. In mutual consent matters where both parties are firm, the session is brief.
- Cooling-off period or waiver — six months ordinarily separate the First and Second Motion. A waiver application at the First Motion stage can shorten this where grounds are strong: 18 months or more of separation, a fully executed settlement, and the counsellor's confirmation. With waiver: approximately 1–2 months. Without: 6–8 months.
- Second Motion and decree — both spouses reaffirm consent before the judge. The divorce decree is pronounced. Certified copies are issued from the registry and couriered to both parties.
Orissa High Court at Cuttack: Appeals and waiver revision petitions from Bhubaneswar Family Court go to the Orissa High Court, which sits in Cuttack — approximately 25 km away. Unlike Jaipur or Lucknow where the High Court sits in the same city, Bhubaneswar cases do require a short trip to Cuttack for any appellate step. In practice, this is rarely needed in well-prepared mutual consent cases.