Step by Step Procedure of Mutual Divorce in Odisha How to apply Divorc

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How to apply for Mutual Divorce in Odisha - Procedure of Mutual Divorce in Odisha

MUTUAL DIVORCE PROCEDURE IN ODISHA

How To Apply For Mutual Divorce In Odisha

Divorce by mutual consent is the simplest and easiest way for dissolution of a marriage. A mutual consent divorce stands for litigation free divorce, where both the parties have mutually decided to part their ways. It makes the whole process of divorce easier and faster. The consent of the Husband and Wife is a must for Mutual Divorce.

All the Hindus, Sikhs, Buddhists, and Jains are governed by The Hindu Marriage Act, 1955. Muslim couples wanting to get a mutual divorce can apply under The Muslim Marriage Act, 1939. If the couple belongs to different communities or religions or if the marriage was solemnised under the Special Marriage Act ( generally known as Court Marriage ) then The Special Marriage Act, 1956 governs the procedure of Mutual Divorce.

If the parties want a mutual consent divorce, it means both the husband and wife want a peaceful separation rather than a contested divorce in Court.

Section 13-B of the Hindu Marriage Act, 1955 so also section 28 of the Special Marriage Act talks about mutual consent divorce.  In both the legislations, the sole criterion is to live separately for a specific duration before filing a petition, but this does not mean they have to live separately in different locations. All they need to do is to provide that they have not been living as husband and wife. Both parties have to mutually decide on the issues like alimony, maintenance, and child custody etc, which gets mentioned in the Petition and the parties subscribe their signatures on the Petition.

Essential Requirements For Mutual Divorce

Here are the essential conditions which are required for filing a mutual divorce in Odisha

Both the husband and wife should live separately for one year or more
They can’t live together
Both of them have mutually agreed that they want to dissolve their marriage.

Step by Step Procedure of Mutual Divorce in Odisha

Step 1:

Filing of Mutual Divorce Petition. Firstly, the husband and wife both file a petition for mutual divorce which is supported by verification and affidavit. This petition has to be signed by both parties.

Step 2:

Grant Of First Motion.
Admission of Mutual Divorce Petition.

The husband and wife  needs to mention that they have mutually decided to take divorce. They have to state the reasons for divorce, and the various terms mutually agreed upon by them. After this, the Court grants the first motion.

Step 3:

Cooling-Off Period

This period is generally given by the Family Courts to reconsider the divorce. The Courts generally give 6 months before filing the second motion, after which the divorce is granted.

A couple has to wait for a minimum of 6 months before they can approach the Courts once again with the second motion.

Step 4:

Recording of Evidence

In the Second Motion, the Evidence of the Husband and wife are recorded by the Court, after which the Court will dissolve the marriage.

LawRato LawRato

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Both the husband and wife must state that they are divorcing. The couple must state their reasons for divorcing and any terms they have mutually agreed to. The Court then grants the first motion. The Family Courts usually give this period to reconsider the divorce.

Advocate Chikirsha Mohanty LawRato