Know the entire divorce procedure in Nepal. Learn about the various legal provisions of divorce in Nepal and the list of required documents.
This article will provide you with in-depth information about the divorce process in Nepal.
Divorce refers to the formal, voluntary dissolution of a marriage by the granting of a decree of dissolution on the petition of either party, in a way that allows the parties to remarry. The Muluki Civil Code 2074 governs the divorce process in Nepal
Divorce Grounds for Husband
In Nepal, the husband can initiate divorce proceedings in the following situations:
If a wife has left her husband and lived separately for three years or more without his consent, or Cruelty: she has committed any act, intrigue, or conspiracy to end the husband’s life, lead to his physical disability, or cause him any other severe physical or mental suffering, or Venereal Disease: the wife suffers from any incurable venereal disease, or Adultery occurs when the wife has sexual relations with another man. Bigamy/Jari: If the wife marries another person, the husband’s relationship is taken into account.
If the wife marries another person, the marriage between the husband and wife is automatically dissolved.
Divorce Grounds Available for Wife
In Nepal, the wife can initiate the divorce process under the following conditions:
When a husband takes or keeps another wife; Desertion: When a husband abandons his wife and lives separately for three years or more without seeking news of her or caring for her;
committed any act, intrigue, or conspiracy with the intent of ending her life, causing her physical disability, or causing her severe physical or mental suffering, or banished her from the house, or failed to provide her with food and clothing.
If the husband has become impotent, or if
The husband is afflicted with an incurable venereal disease.
the husband is accused of having sexual relations with another woman or women.
Rape: the husband is accused of raping the wife.
Contested Divorce/Challange marriage
Marrige can be challanged on the following circumstances:
Property Division prior to Divorce
- If the marriage was legally entered into without the husband’s and wife’s full consent, their marital relations then the relationship can be challeged before the court.
- If a person has committed an incestuous marriage that is punishable, the marital relationship between the husband and wife may be challenged before the court to formally end the marriage.
- If the wife marries before the divorce.
The following steps can be taken to complete the divorce process in Nepal.
- To be filed: a petition The husband or wife who wishes to divorce must file a petition with the court.
- Notice: The petition should be served on another party via the court.
- Reply: At a specific time, another party must file a reply petition in court.
- Trial: After both parties have presented their points and opinions in the petition and reply, the trial begins, and the court hears both parties’ evidence and facts.
- Marriage mediation
When a divorce petition is filed, the court must remind, convince, and reconcile both parties to the greatest extent possible.
The court can issue temporary orders relating to child custody, alimony, and maintenance as required by the party in the next step of the divorce procedure.
Divorce will be finalized: If the court, after reminding and convincing them, fails to reach a conciliation between the husband and wife and determines that it is more appropriate to end the relationship than to continue it, the court shall effect divorce between them.
Property division to be completed prior to divorce: If divorce is to be granted because of the husband, the court must, if the wife so requests, order a partition between the husband and wife before granting divorce.
If the divorce cannot be finalized immediately, the wife should be provided with the husband’s monthly expenses and income until the divorce is finalized.
Marriage Certificate Cancellation/ Nullify:
After divorce, the registration of the marriage certificate must be canceled at the ward office.
Women’s Rights After Divorce
Any divorced woman has the legal right to remarry.
Right to Change Surname
The law protects a woman’s right to use her family surname after divorce by removing the husband’s surname.
Right to Use the Property Acquired through division of property as desired
The law protects the divorced woman’s right to use the property acquired in partition from her husband as she sees fit, without having to return it to the former husband.
In the event of the divorced woman’s death without children, the husband reclaims the property. If the woman has any other property, the family members and the wife are likely to inherit it.
Guardianship of a Child after the divorce process:
Following the completion of the legal divorce process in Nepal, a minor born from them will remain in the custody of the father or mother under the following conditions:
- In the case of a minor under the custody of the mother, regardless of whether or not she has concluded another marriage, if she so wishes,
- n the case of a minor over the age of five, except where the mother has concluded another marriage, under the custody of the mother if she so desires; otherwise, under the custody of the father.
- If a husband and wife agree on custody of a minor during divorce, custody will be determined by the agreement.
- If the minor is over the age of ten, his or her opinion is also taken into account.
- If the mother or father in whose custody a minor is living dies, the surviving father or mother must immediately take the minor into his or her custody.
However, if the mother has already married again, she is not required to care for a minor over the age of five.
Documents required for a divorce petition
The following documents are required for the divorce process in Nepal to be completed.
If residing elsewhere, a letter of recommendation from such concerned local bodies, 2 pp size photos,
Information about the property and the property to be claimed, as well as the court fee
If there is no marriage certificate, other proof of marriage is acceptable.
Can either husband or wife file a divorce petition?
- Yes, either the husband or the wife can file for divorce under the conditions specified in Muluki Civil Code 2074.
- given her food and clothing
- If the husband has become impotent, or if he has an incurable venereal disease, or
- Adultery occurs when the husband has sexual relations with another woman or men.
- Rape: The husband is accused of raping his wife.
Marriage can be challanged
In Nepal, divorce is not required, but automatic divorce occurs in the following circumstances:
If the marriage was performed without the husband’s and wife’s full consent, their marital relations will automatically end in divorce.
Who gets custody of the child after a divorce?
According to Muluki civil code 2074, either the husband or the wife can keep the child.
Can a child choose who they live with after their parents divorce?
Only children over the age of ten can express their preferences for who they want to live with.
- The law requires the Court to provide property in the partition to the wife before granting divorce if it is requested in circumstances where divorce is possible due to the husband’s fault.
- If the joint property is in the names of the husband and wife, or in the name of either the husband or wife, it must be divided according to the law before a divorce can be granted.
- If the husband has yet to acquire property in the partition from his father or other coparceners, the court shall inquire about the property in the partition and provide property to both the husband and wife in the partition.
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