Divorce, like marriage, is a life-altering decision. Especially in light of recent shifts in Nepalese norms and legal values. Every married couple should be aware of Nepal’s divorce laws. In Nepal, divorce procedures fall into two categories. A divorce by mutual consent is the first and simplest divorce procedure. The second divorce procedure is divorce by court order.
After obtaining the letter of recommendation the husband and wife must file a petition in the district court of jurisdiction detailing the grounds for the divorce.
Mutual consent divorce procedure
Divorce by mutual consent does not take long or take much time. One of the spouses must file for divorce in court on the first day. The spouse or the person against whom the case has been filed should appear in court the next day after the application is filed. And comprehend the term and application issued to him/her in front of the court.
After fully comprehending the terms and conditions, the spouse can respond and reconcile on the same day. So that the final divorce settlement can take place on the same day. As a result, the divorce procedure is completed in just two days.
Divorce proceedings in a court of law
If the husband and wife’s relationship cannot be dissolved through mutual consent, the divorce procedure is carried out through the court system. In the case of a divorce proceeding through court proceedings, the court tries to reconcile the husband and wife, so the court grants the couple a one-year period. During this one-year period, the husband and wife may try to reconcile and compromise in order to give their marriage another chance. In the event that reconciliation fails, a divorce proceeding is initiated in court.
The divorce procedure in court is conducted as follows:
According to the law, the case must be filed within the locus standi and time limit.
The legal term for the right to sue under the law is locus standi. Only those who have been wronged and harmed have the right to sue in court, according to locus standi law. Anyone other than the spouse has no right to sue in a divorce case. This means that only one spouse, either the husband or the wife, has the legal right to sue. However, that spouse must have the legal grounds for divorce. If that spouse is the victim, only the spouse can sue in court with locus standi.
Similarly, the time limit implies that the person who is required to file a case must do so within the time limit prescribed by law. The time limit in the case of divorce is only 3 months.
Jurisdiction
The complaint or lawsuit must be filed in the district with jurisdiction over the case. The right of a court to hear a case, proceed with a case, rule on a case, and set aside a case is referred to as jurisdiction. The relevant district court has jurisdiction over cases where the plaintiff or defendant resides.As a result, a divorce case can be filed in the district court where the spouse lives.
Documents required when filing a divorce petition
- Citizenship certificate
- 2 recent passport size photos
- If lived temporarily the recommendation of the concerned local bodies .
- Details of the property if the property is to be claimed
If the heir has been appointed, the original power of attorney paper
Steps for Divorce Procedure
When filing for divorce in court, you must take the following steps:
Submit the Divorce Application
The filing of a petition in the appropriate district court is the first step in the divorce process. A good divorce lawyer should be consulted before filing for divorce. On any of the aforementioned grounds, either the husband or the wife can approach the court and file a Divorce Petition.
Serving of Summons/Notice
- The summons or notice is sent to the opposing spouse as the second step in the divorce procedure after filing for divorce.
- The court assigns the respondent after the plaintiff files the petition.
- The court gives the respondent 21 days to respond to the summons after the plaintiff files the petition.
- The plaintiff or the spouse who has filed for divorce can deliver the summons to the opposing spouse; the applicant’s representative lawyer can deliver the summons to the opposing spouse; the court can deliver the summons to the opposing spouse; the summons can be delivered via email; and the summons can be delivered via national dailies.
- The period can be extended for 15 days if the opposition fails to file a counter-argument within 21 days of receiving the summons.
Response to Petition
When the opposing spouse receives the summons, the next step in the divorce process is for the opposing spouse to appear in court to respond to the summons. In court, the opposing spouse must defend himself/herself by refuting or accepting the claim.
This is referred to as a response letter. When the respondent submits his or her response, he or she may also submit the necessary counter-claim. In Nepal, the respondent or opposing spouse has the option of refusing or accepting the divorce. The opposing spouse may or may not make a claim on the property share. It is up to the opposing spouse to determine how to respond in court.
Summons to be served on the opposing party
- The court shall send a divorce petition upon receipt of the divorce petition.
- Summons to be served on the opposing party
- Upon receipt of the divorce petition, the court shall send the notice to the other party by a court official within a specified time period, and shall set a time limit of 21 days for the other party to respond to the petition.
- The notice can be served in a variety of ways, including by a court official, e-mail, or publication in a national daily newspaper.
- The petition’s opponent’s response
- The respondent responds to the petition, stating whether it agrees or disagrees with the claim, and may vigorously defend its claim and present its argument to the court during the court’s appearance. This is referred to as the petition response.
Submission of proofs
The court shall issue an order seeking evidence against the parties as claimed upon receipt of a reply from the respondent. Following the defendant’s response, the court shall order the submission of evidence on behalf of the respondent.
The respondent and plaintiff are required to provide the evidence specified in the court order.
Temporary Orders
- While filing for divorce, the spouse (wife) may file a petition for a temporary maintenance and support order. The temporary order addresses child custody, child support, and spousal support/maintenance.
- The court will calculate the amount of assistance based on the respondent’s financial situation and issue an order granting an interim order.
- Civilized discussions settle disputes
- If a divorce petition is filed, the court will give the parties time to settle their differences through mediation.
- This procedure may aid in reducing divorce petitions based on minor issues such as quarrels and disagreements. This relieves the disputing parties of the court’s difficulties.
Information about the property’s source of income
If the spouses are unable to reach an agreement, the court divides the property and allocates it to the parties on an equitable basis after reviewing the documents submitted.
The divorce procedure in Nepal
When a man and a woman marry, they are legally recognized as husbands and wives. Similarly, if the spouses choose to end their relationship through divorce, the competent court will grant divorce after reviewing the documents submitted to the court. If the court grants a divorce, the spouses’ relationship will legally ended.if
the court grants a divorce, the spouses’ relationship legally ends. Divorce is the legal dissolution of the marriage relationship between the spouses. The National Civil Code, 2017, paragraph 6 contains divorce-related guidelines. Clause 93 of the 2017 National Civil Code states that if they wish to do so, they may do so.
If one of the parties does not want to start the divorce process, the divorce may be granted on the following grounds:
- Mutual consent divorce
- Divorce by judicial decree
- If they intend to do so, both parties may file for divorce in 2017 under clause 93 of the National Civil Code. A person can end a marriage by filing for divorce on the grounds of fault or no-fault in mutual consent. With mutual consent, the divorce process can begin after taking ancestral property or a lump-sum payment.
During a mutual consent divorce, all property details must be revealed, and property division is determined based on the property details.
All property details must be revealed during a mutual consent divorce process, and the division of property is determined on the basis of the property details and income as to who gets what.
Concerns about child custody, visits, and child care are involved when you and your spouse have minor children. When divorcing, these concerns should be considered jointly, and if you and your partner cannot agree on these issues, the court will determine how much time the child spends with each parent, which is known as custody right visitation.
The court will also determine the amount of child support to be paid to the parent who will have primary custody of the child. This is referred to as child support allowance. Divorce by mutual consent can be finalized in two working days.
Divorce by court order
When the spouses cannot agree on the terms of divorce at any point in time, court action is required, and the court grants divorce to protect the child’s rights after reviewing the documents presented and considering and weighing the best interests of the child.
The grounds for divorce must be satisfied before filing for divorce in a court of law.
A spouse may file for divorce in one of four circumstances. First and foremost, the separation occurs when the spouse takes the ancestral property and abandons the spouse (husband) without his or her permission and has not communicated with him for three years or more. Second, when one spouse refuses to provide food and clothing to the other spouse.
Third, when one spouse beats the other spouse (husband), causing disability and mental and physical harm to the spouse (husband).
Fourth, if a spouse has a sexual relationship outside of the marriage, the spouse (husband) can file for divorce.
According to the law, the spouse has six options for filing for divorce.
- If the other spouse (husband) is married to another woman, the spouse may file for divorce.
- When the spouse is found to have had forced sexual relations with the spouse and is proven in court to have been raped.
- The court will review the submitted documents and, if necessary, will order mediation.
- The Advantages of Divorce with Mutual Consent
a. Get a divorce as soon as possible.
A person should not have to wait long when applying for a divorce based on mutual consent. The divorce procedure can be completed in two working days if it is initiated with mutual consent. In writing, detailed information on issues affecting both spouses must be provided.
b. Reasonably priced
Divorce by mutual consent is less expensive. The lawyer will not be required to give long-term advice. The court’s proceedings will be shortened.
c. Reduced Mental Stress
If a person is forced to continue with the case for an extended period of time, it is likely to cause mental and emotional stress associated with financial burdens, leading to a slew of other issues such as debt and emotional distress.
d. Disadvantages of divorce with mutual consent; a. Property claims
When applying for divorce with mutual consent, the spouse does not usually claim ancestral property from the other spouse (husband). The spouse has the legal right to request the division of the husband’s property.
Divorce cases in Nepal
The following is the procedure to be followed when filing for divorce under the National Civil Code.
- The divorce petition MUST be filed in district court.
- Couples who want to divorce must file a divorce petition in district court.
- If the spouse conceals the property during the divorce proceedings by failing to disclose it in the application as required by the court, the hidden property will not be distributed to the spouse and will be distributed to other successors.
Decisions at the End
If the spouses cannot reach an agreement within one year, the court will issue its final divorce order. Following a review of the divorce application, the court will divide the property in an equitable manner.
Decision Execution
After the court grants the parties divorce, the affected party must file a petition for implementation with the relevant decision-enforcing department.
The property/assets contained in the decision shall be divided between the parties to the lawsuit in accordance with the law during the implementation process.
If you have any questions about the marriage registration or divorce process in Nepal.
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