There are two types of divorce procedures in Nepal. The first is divorce by mutual consent, followed by divorce by court order. Either the husband or the wife can file for divorce in District Court.
Under what conditions can a wife file for divorce?
Though it is easier for a wife to file for divorce in Nepal, there are some conditions that should be met before filing. They are as follows:
- If the wife has already taken her share of the property and is living apart from the husband,
- The provisions of Article 95 of the Civil Code, 2074 BS, allows a wife to file for divorce after taking her share of the property and living apart from her husband since that time.
- Because marriage is an intimate relationship, if there is no intimacy between the husband and wife, the wife has grounds for divorce.
- If the husband lives apart from the wife without her consent for three years or more, the wife has grounds to file for divorce.
If the husband lives apart from the wife without her consent for three years or more, the wife has grounds to file for divorce. According to Supreme Court of Nepal precedent, if the husband has relocated abroad for work or study, such separation cannot be used to file for divorce.
Forcible eviction from one’s home
Women are biologically and naturally weaker than men. According to the Nepali social structure, wives must rely on their husband’s income for a living.
If the husband does not provide for the wife’s livelihood, the wife may file for divorce along with her property share. According to Article 95 of the Civil Code 2074, if the husband forcibly evicts the wife from the home and does not provide any type of financial support to the wife, the wife may file for divorce along with a claim for her property share.
Physical and mental abuse, disfigurement, and disability
If the husband has committed severe domestic violence against the wife, resulting in severe disfigurement, disability, or mutilation. The wife can then file a complaint against the husband and file for divorce. However, simple physical injury that does not result in permanent bodily harm or severe physical injury does not fall under this section.
Concerning mental abuse, Nepalese law does not make it clear what constitutes mental suffering. The act of causing anxiety to the wife by the husband’s actions is considered mental abuse and mental tension. If the wife is unable to carry out her normal routine work due to such anxiety, or if the wife is suffering from depression as a result of the husband’s actions. If the wife lacks self-confidence, is unable to make decisions on her own, or has self-doubts, this can also be considered mental abuse.
Individual reactions to a situation differ. Even in a normal situation, some women can handle stress. Nonetheless, A person is said to be suffering from mental abuse when he or she is unable to carry out normal functions.
In the event that the husband remarries
The country’s criminal code 2074 makes it clear that remarrying the husband is a criminal offense. In such a case, the wife has the right to divorce, and the husband will be punished by Nepalese law with a jail sentence of up to 5 years. However, it should be obvious that the husband legally remarried the other women.
A physical or sexual relationship with another woman/Husband adultery
It is not a crime to have sexual relations outside of marriage. It does, however, give the wife grounds to file for divorce. If the wife has made this ground for divorce, she should be able to provide sufficient evidence in court. The court will only consider video or photographic evidence of the husband having sexual relations with another woman as concrete evidence.
Conditions under which a wife in Nepal can file for divorce
The wife is the key figure in a marriage. Similarly, the wife plays an important role in divorce. The wife has the right to file for divorce under both the Civil Code and current civil law. If the wife files for divorce in court, the court will easily grant the divorce. If the wife files for divorce and the husband refuses to divorce, the court will take the initiative to reconcile them. As a result, the court grants them a one-year deadline to reach an agreement.
In the event of wife’s complaint the husband could face a 5-year prison sentence. This could also be grounds for the wife to file for divorce.
What is the time limit in Nepal for a wife to file for divorce?
According to Article 104 of the Civil Code 2017, if any of the aforementioned grounds for divorce occur, the wife must file for divorce within three months of the occurrence of such grounds for divorce. In addition, Section 99 requires equal property sharing and division between husband and wife.
The wife in Nepal has one or more divorce rights than the husband. The wife must remember to include her property share when filing for divorce. The firme will assist you; we can assist the wife in filing for divorce on the aforementioned grounds. We can also fight for your rights and the justice you deserve.
Should you have any questions, please do not hesitate to contact us.