Divorce Process in Nepal

Published Date: 2022-08-10

The termination of a marriage by legal action i.e with the mutual consent of both husband and wife or with the decision of court.  The substantive issues in divorces are division of property, child custody, and alimony (spousal support). The petitioner can only file in the District Court in which he/she has been a resident for a period of time. It denotes the issuance of citizenship from the district administration office and if he/she is living apart from the district in which citizenship is issued, he/she must bring the temporary resident letter from the concern ward office of the Municipality/Metropolitan. Muluki Civil (code) 2017 deals with matters of divorce in Nepal.
 
Section 93 to 104 of Chapter on Divorce of the muluki Civil (Code) 2017 are laws related to divorce in Nepal.  Any party (husband or wife) willing to have a divorce can initiate a case of divorce in Nepal. If both the husband and wife so desire, they may divorce the relationship of husband and wife at any time which is called divorce by consent of both. The husband or wife, as the case may be, desiring to get the relationship divorced shall file a petition in the court. If a petition is filed for divorce in the court,  the court shall, to the extent possible, remind and convince both the parties and conciliate between husband and wife.
 
If the court fails to make conciliation between the husband and wife even after reminding and convincing them and deems it appropriate to get the relationship divorced rather than to continue it any longer, the court shall effect divorce between them. Provided that if the husband and wife do not agree to conciliate between them despite being reminded and convinced by the court to that effect, the court shall effect divorce after one year of the filing of the petition.

The husband may file a case of divorce in any of the following circumstances even without consent of the  wife:

(a) Except where the husband and wife are living separately after obtaining their partition share or  separating bread and board in accordance with the law, if the wife has been living separately for three or more consecutive years, without the consent of the husband,
(b) If the wife deprives the husband of maintenance costs or expels him from the house,
(c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
(d) If the wife is proved to have made sexual relations with another person.

The wife may file case of divorce in any of the following circumstances, even without consent of the husband:

  1. Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if  the husband has been living separately for three years or more consecutively, without consent of the wife,
  2. If the husband deprives the wife of maintenance costs  or expels her from home,
  3. If the husband commits an act or conspiracy likely to  cause grievous hurt or other severe physical or mental  pain to the wife,
  4. If the husband concludes another marriage,
  5. If the husband is proved to have made sexual  intercourse with another woman,
  6. If the husband is proved to have raped the wife.

Partition of property :

If divorce is to be effected because of the husband, if the wife so demands the partition of property, the court shall make the partition of property between the husband and wife before effecting divorce. If it appears that it may take a long time to effect the partition of property, the court may give order the husband to provide the wife with monthly expenses as alimony according to the property and income of the husband until the partition is effected. If the wife concludes another marriage before effecting partition, she shall not be entitled to a partition
Share. If a petition is filed for divorce on the ground referred  to the following condition, the husband shall not be compelled to provide partition share or alimony to the wife ;
  1. If the wife deprives the husband of maintenance costs or expels him from the house,
  2. If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
  3. If the wife is proved to have made sexual relations with another person.

To pay lump sum amount or alimony

If the wife who effects divorce desires to obtain from the husband a lump sum amount or annual or monthly alimony or expense, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annual or monthly alimony or expense on the basis of his property or income.  If such a wife concludes another marriage, it is not required to provide such amount or alimony.

To provide maintenance costs:

If the wife, who has not obtained partition from the husband for there is no property for
Partition before doing divorce, desires to receive maintenance costs  from the husband and the husband has income, the Court may order  the husband to provide maintenance costs to the wife according to
the income of the divorced husband. 
Provided that:
  1. If such a wife concludes another marriage, it is not  required to provide such costs,
  2. If the wife's income is higher than that of the husband, it is not required to provide such costs.

Agreement between husband and wife:

if there exists a written agreement between the husband and wife on the partition share or alimony to which the wife is entitled upon divorce, it shall be
according to such agreement. Provided that no agreement which is against the interest of a  minor may be made.
 
The following documents are required  for the divorce application:
  1. Marriage certificate (if not available then any other proof of marriage like of photo of marriage);
  2. Copy of citizenship certificate of both husband and wife
  3. Passport-sized photograph of the applicant
  4. Temporary Resident letter from Ward office ( if the applicant resides except the District then issuance of Citizenship )
  5. Evidence to prove the claim (like a child's birth certificate.
To consult or get legal advice from our expert Divorce Lawyers in Nepal;
Contact us at 977-01-4102849/977-9851059026, Prime Law Associates, Anamnagar, Kathamndu, info@primelawnepal.com, www.primelawnepal.com

 
This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation, or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.

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