Non-Resident Nepali Laws in Nepal

Published Date: 2023-01-27

Non-Resident Nepalis ( NRN) Laws in Nepal/ Rights to Non-Resident Nepalis ( NRN) in Nepal/ Property Rights to Non-Resident Nepalis ( NRN) in Nepal/ Legal Rights to Non-Resident Nepalis ( NRN) in Nepal

Who is an NRN?

  • Any person whose father, mother, grandfather, or grandmother was a citizen of Nepal at any time and has subsequently acquired the citizenship of any other foreign country other than a member country of a South Asian Association of Regional Co-operation (“SAARC”), or
 
  •  Any person who is residing in any foreign country for at least 2 (two) years and is involved in any profession, occupation, business, and employment except in the SAARC region. The definition of NRN also excludes any person who is serving in a diplomatic mission or consulate situated in a foreign country under the assignment of the government of Nepal or who is studying in an academic institution situated in a foreign country[1]

What is the process of registration to obtain the status of NRN?

The process of registration is as follows:

 i. An application in the prescribed format should be submitted before the Chief of Mission, if abroad, or before the Secretary of the MOFA, if in Nepal[2]
 
ii. If the application is made in Nepal, NPR. 1500/- (Nepalese Rupees One Thousand and Five Hundred), or if the application is made abroad, then USD 20/- (United States Dollar Twenty) should be submitted as a fee for registration. This may be subject to change depending on policy considerations[3]

iii. After having one’s name recorded as an NRN, the NRN can apply for an NRN Identity Card. The Chief of Mission or Secretary of the MOFA will issue the Identity Card after collecting the prescribed fees[4]

What time does it take to obtain NRN identity card?

It generally takes 7-10 working days to record the said details and obtain the NRN Identity card, after all the required documents have been furnished to the concerned authority.

What is the provision regarding the validity of the NRN identity card?

In the case of Foreign in Citizens of Nepalese Origin, the NRN Identity Card is valid for a maximum of 10 (ten) years, and in the case of Nepali Citizen Residing Abroad, the NRN identity card is valid for 2 (two) years. However, the period can be extended if the Nepali Citizen Residing Abroad is permitted are to reside abroad for
more than 2 (two) years by the concerned foreign state[5]


What is the procedure for the renewal of the NRN identity card?

For the renewal of the NRN Identity Card, an application is to be submitted to the Chief of Mission or Secretary of the MOFA in the prescribed format prior to the expiry of the validity of the concerned Identity Card. The Chief of Mission or Secretary of the MOFA renews the Identity Card after collecting the prescribed fees[6].

To whom it is necessary to information regarding any changes in details?

The NRN should inform the Chief of Mission, if abroad, or the MOFA, if in Nepal regarding any change(s) in the details/information within 3 (three) months. The same shall be updated in the record maintained in relation there to[7].

What is the procedure for issuing the NRN identity card?

The procedure for issuing the NRN identity card is[8] :
  1. Submission of application before the relevant authority along with payment of the prescribed fees for registration.
  2. Registration of an individual as an NRN.
  3. Submission of application before the relevant authority along with payment of the prescribed fees for NRN Identity Card.
  4. Obtaining NRN Identity Card.

What is the provision regarding the time period granted for an NRN Visa?

A non-residential visa for a time period of up to 10 years may be granted to a foreign national of Nepalese ancestry for individuals who have obtained an identity card and made investments in Nepal, or have family members who have lived in Nepal[9]

How many kinds of visa facilities are available to NRN?

There are generally two types of visa facilities available to NRN:
a. NRN visa
After submitting a visa extension request at the immigration department, one can get it until the NRN Card remains valid. It can be provided for a maximum of ten years.

b. Tourist visa
NRNs are given a tourist visa when they land in Nepal. It is granted for a specific period of time.NRNs can make an application for the extension or change of tourist visa into an NRN Visa.

What are the documents required for the NRN Visa proceeding?

An online visa application has to be submitted to the website of DOIM. The NRN Card issued by the Ministry of Foreign Affairs (“MOFA”) or its missions based abroad (Original and Photocopy) are prerequisites for visa approval, along with a valid passport and the latest Nepalese visa.

Can NRN have a property in Nepal?

NNRNs are entitled to buy, own, and sell properties in Nepal and also take their property abroad[10].

How much property can NRN hold in Nepal?

Any foreign citizen of Nepali origin may purchase any land in any one of the regions and not exceed the following area, in order to reside within Nepal for him/herself or his/her own family in Nepal[11].
(a) Maximum 2 Ropani, in Kathmandu Valley,
(b) Maximum 8 Kattha, in municipalities of the terai district,
(c) Maximum 4 Ropani, in other municipalities except mentioned in (a) and (b),
(d) One Bigaha, in village development committees of the terai district, except mentioned in part (b), or
(e) 10 ropani, in other areas except mentioned in (a),(b), (c), and (d).

What is the procedure for purchasing land by NRN?

The procedure for purchasing land by NRN is [12]
  • Application
Application mentioning in the location, area and prize that has been fixed has to be submitted to the Secretary of the MOFA.
  • Permission
After making an inquiry, the Secretary of the MOFA gives permission.
  • Registration
The concerned Land Registration office registers the land.
  • Certificate
A Blue colored landowner certificate is issued.

Can NRN claim the ancestral property in Nepal?

In general, foreigners would require the approval of the Government of Nepal in order to inherit ancestral immovable property. However, Foreign citizens of Nepalese Origin can inherit the ancestral property from both Nepalese and Foreign Citizens of Nepalese Origin without obtaining such approval. Furthermore, a Foreign Citizen of Nepalese Origin is required to have an NRN ID Card to inherit the immovable property
devolved to him/her[13]

Can NRN make any investment in Nepal?

Like any other foreign investor, FITTA 2019 permits NRNs to make investments in Nepal. A non-resident Nepali or a foreign company in which more than Fifty percent share investment is made by a non-resident Nepali may invest the amount earned by him/her/it abroad in foreign Country, for any industry or business which is opened, pursuant to the prevailing law for foreign investment, or by the government of Nepal upon publishing a Notification in Nepal gazette for the investment to be made by non-resident Nepali[14] 

Can NRN hold any kind of movable and immovable property as mortgage?

NRN holding NRN Citizenship are permitted to hold any kind of movable and immovable property as a mortgage[15]. Mortgages can be of the following types:
i. Mortgage with possession (Bhogbandhaki)
In a mortgage with possession, the creditor is entitled to possess and enjoy the property mortgaged with immediate effect at the time of lending or after a certain period. However, interest, charge, or fee cannot be taken. Except as otherwise provided in the deed of mortgage, no property may be possessed and enjoyed for a period exceeding 10 (ten) years.

ii. Mortgage without possession (Drishtibandhakia)
In a mortgage without possession, the creditor is entitled to possess the property only in the event of the debtor’s default on repayment of the loan within the set deadline. The mortgaged property should be possessed or enjoyed within 2 (two) years of the expiration of the date for repayment of the loan by the debtor. Interest, charge, or fee may be taken unless the creditor has acquired possession of the mortgaged property. The period of a mortgage without possession of a property cannot exceed 5 (five) years and after the expiry of such period, the property may be possessed for a period not exceeding 10 (ten) years.

Can NRN transfer their property?

NRNs can transfer their property by way of sale. In order to do so, in relation to immovable properties, a deed of sale/transfer of ownership must be duly executed and filed with the concerned Land Revenue Office. In cases of transfer of movable property, a deed might not be required for execution. However, a deed is required to be executed for the transfer of the other movable property such as shares, equity instruments, etc.
NRNs can transfer their property by way of donation or gift. Donation is when a person grants a property free of cost, to another person for any religious, social, public, or community purpose, without the intention of making a profit from the said transfer of ownership. Similarly, if a person grants a property free of cost to another person for family love or affection such an act is deemed to be a Donations or gift that can be affected in a way that it is effective immediately or after a certain period such as the death of its maker. In case of donation of immovable property or cash of more than NPR 100,000/- (Nepalese Rupees One Hundred Thousand), a deed should be mandatorily executed and registered with the relevant Land Revenue Office.

Can NRN open and operate an open and separate bank accounts of convertible foreign currency?

NRNs with the NRN Identity Card can open and operate an account for the amount earned by him/her in convertible foreign currency, in any commercial Bank or Financial Institution which is licensed to accept such amount by the NRB. The said identity card should be duly updated/renewed to open the rate such bank account.

What is the provision regarding NRN citizenship?

Nepali citizens may acquire the citizenship of another country, however, this leads to the deemed renunciation of his/her Nepali citizenship. Nepal has not adopted the concept of dual nationality, however, the law creates for an exception relating to Non-Residential Citizenship of Nepal for Foreign Citizens of Nepalese Origin, which is called NRN Citizenship. A person holding NRN Citizenship is allowed to enjoy social, economic, and cultural rights in Nepal. However, an NRN Citizenship holder does not enjoy any political rights in Nepal[18]

What is the procedure for the renunciation of Nepalese citizenship?

Under Nepalese law, it is deemed that Nepalese citizenship is renounced in the event of the acquisition of citizenship of any foreign country. As such, once someone acquires foreign citizenship, then his/her Nepali citizenship is deemed to have been renounced. The law also provides for certain procedures for the renunciation of the Nepalese citizenship, as is discussed below[19]:
  • An applicant who has acquired foreign citizenship is to make an application before the concerned government authority for the renunciation of Nepalese citizenship. The governments prescribed the standard format for the said application. The date of renunciation be from the date of registration of the said application.
  • Apart from the voluntary renouncing of citizenship, there are various instances
    where Nepalese citizenship is terminated which includes, the acquiring Nepalese citizenship in a fraudulent manner and/or acquisition of Nepalese citizenship on submission of false documents and declaration.

What is the provision regarding the re-acquisition of Nepalese citizenship?

NRNs who have renounced Nepalese citizenship can re-obtain their Nepali citizenship upon fulfilling certain formalities as prescribed by the law. The fundamental condition for the re-acquisition of Nepalese citizenship is that the NRN having obtained foreign citizenship should have renounced their foreign citizenship. For this, the application can be made to the Ministry or the concerned Chief District Officer that had previously issued the certificate of citizenship to such a person.

The citizenship so acquired shall have the same details as mentioned in the previous certificate of citizenship. With the emergence of opportunities and in order to have a better way of living, people may choose to take citizenship of a foreign land. However, before acquiring such foreign citizenship, one should be aware of the consequences of the change in their rights and privileges under the laws of Nepal.

What is the definition of Foreign investment and Foreign investors under Nepali laws?

The general definition of foreign investment provided by FITTA 2019 also recognizes
the foreign investments made by NRNs. The definition of foreign investment under
the FITTA 2019 includes the following:
a. share investment in foreign currency
b. re-investment of dividends derived from foreign currency or shares
c. lease financing
d. investment in venture capital fund
e. investment made in listed securities through secondary securities market
f. investment made by purchasing shares or assets of a Nepali Company
g. technology transfer etc.
     Further, the NRN Act defines ‘investment’ to include:
a. investment made by an NRN in any industry or business in order to earn profit.
b. transfer of technology-related rights of a foreign origin
c. providing services as a foreign technical consultant or management service by
concluding an agreement between the industry/business and the NRN.


What is to be considered by NRN in relation to the permissibility of investment?

In relation to the permissibility of investment, 2 (two) things are to be considered by
NRNs, namely:
a. The proposed investment must not be listed in the Negative List under FITTA 2019.
b. The proposed investment must be classified as an “Industry” under Industrial Enterprises Act, 2076 (2020) (“IEA”).
An NRN looking to make foreign investment in Nepal must have fulfilled the criteria as laid down in point (a) and (b) above. Also, the GON has specified a minimum
investment amount of NPR 50 million (5 Crore)(Nepalese Rupees Fifty Million).

What is the route for investment?

Basically, there are 2 (two) ways through which NRNs can inject foreign investment in Nepal. One, by incorporating a limited liability company and two, by acquiring the shares of an existing limited liability company.

What is the process map for foreign investment?

The general procedure through which an NRN can make foreign investments in Nepal
is given as follows:
STEP 1: Registration/Recording as NRN
STEP 2: Acquiring ID Card as NRN
STEP 3: Acquiring approval from DOI/IBN for foreign investment (this will
depend on the nature of the industry and the volume of the proposed investment).
STEP 4: Incorporation of local industry, or, acquisition of shares of an existing company.
STEP 5: Bank account, PAN, local body registration, industry registration
(along with sector specific permissions), and industrial &
environmental clearances.
STEP 6: Acquiring certificate of investment from the concerned bank.
STEP 7: Nepal Rastra Bank recording
STEP 8: Informing Ministry of Foreign Affairs of the investment made in the
prescribed format.
STEP 9: Recruitment of employees, and compliance with labor laws.

What is the provision regarding investment outside Nepal by foreign citizens of Nepalese origin?

Foreign Citizens of Nepalese Origin may repatriate only the principal amount they have invested in Nepal and the profits made therefrom. Further, a Foreign Citizen of Nepalese Origin with NRN Citizenship may receive an immovable property by way of succession or partition. A Foreign Citizen of Nepalese Origin without an NRN Citizenship would need the permission of the Government of Nepal before the transfer of title in case of succession or partition of an immovable asset. There exist a lot of on-ground issues because of the complexities of the law in this regard.

What is the provision regarding investment outside Nepal by Nepali citizens residing abroad?

Investment outside Nepal is not permitted for any Nepalese citizen in terms of the Act Restricting Investment Abroad, 2021 (1964). Further, the said Act prohibits Nepali from opening and maintaining a bank account in foreign countries. It is also important to note that the NRB does not permit the remittance of income held in Nepal to foreign countries for investment purposes. However, this law has not provided an effective mechanism for monitoring the investments made by Nepali Citizens Residing Abroad in foreign countries. Furthermore, while the said Act states that Nepalese citizens are not permitted to maintain a bank account in foreign countries the NRN Act, Rules and other circulars permit Nepalese citizens to transfer money to bank accounts in Nepal, after fulfilling banking compliance requirements, which pre-supposes the existence of foreign bank accounts.

The NRN Act and instruments made thereunder as more recent and as such hold more legal value. For Nepali Citizens Residing Abroad, the answer to the question, of whether or not they are permitted to invest in the foreign country of their residence or other third countries using the income generated in said country or any other foreign country, is dependent upon the legal regime of that particular foreign country. The applicable Nepalese law is not enforceable in the country of investment and the Nepalese authorities cannot exercise extra-territorial jurisdiction is such cases. Hence, there is a lacuna in law in this regard.


Can NRN make a charitable contributions in Nepal?

NRNs can make charitable contributions to any not-for-profit (“NFP”) entity in Nepal
through donations. The donations can be made in the form of money, non-cash
items, kind, etc.

Is NRN permitted to pursue employment in Nepal?

NRNs are permitted to pursue employment in Nepal and be involved income-generating activities. However, their employment status is subject to their citizenship status, visa status, and work permit status. A multi-layered approval regime may be triggered for a Foreign Citizen of Nepalese Origin if they wish to enter into an employment relationship in Nepal[20]

What is the status of the prospective employee?

The employment engagement of an NRN in Nepal depends on their citizenship status. Any NRN who falls under the definition of Foreign Citizen of Nepalese Origin can be employed in Nepal if he/she has obtained (a) a non-tourist visa and (b) a work permit from the Department of Labor (“DOL”). However, the above requirement of a non-tourist visa and work permit is not applicable for an NRN who is a Nepali Citizen Residing Abroad.

What is the procedure for obtaining a work permit?

The procedure for obtaining a work permit is as follows:[21]

a. An application must be submitted to the Department of Industries (“DOI”) to obtain
the recommendation for a work permit.
b. Once the recommendation for a work permit is issued by DOI, such recommendation
is required to be submitted to the Ministry of Home Affairs (“MOHA”) in order to obtain
the work approval.
c. Upon receiving the work approval, one needs to apply to the DOL for the work permit.

What is the duration of the work permit?

The duration of the work permit shall not exceed the duration of work approval provided by the MOHA. The work permit may be issued for 5 (five) years for outstandingly qualified technical Foreign citizens of Nepalese Origin and in the case of other Foreign citizens of Nepalese Origin, it may be issued for 3 (three) years. However, under exceptional circumstances, the DOL may extend the duration of the work permit for 2 (two) additional years upon obtaining approval from the MOHA. The extension is only provided to Foreign Citizens of Nepalese Origin who have made outstanding contributions in the field of education, science, technology, and non-profit sectors in Nepal.

What is the basic standard of employment while hiring an employee?

The standards of employment prescribed in the Labor Act 2074 (2017) while hiring an employee shall also be applicable while hiring an NRN. The basic standards have been outlined below:
a. An NRN who falls under the definition of a Foreign Citizen of Nepalese Origin may be hired under fixed-term or work-based employment. However, an NRN who is a Nepali citizen Residing Abroad can be hired under regular employment, casual employment part-time employment, fixed-term employment, and work-based employment.
b. An employment agreement should be executed between the hiring entity and the NRN outlining job descriptions, entitlements and benefits, and other terms and conditions of employment.
c. The NRN is entitled to a minimum remuneration as prescribed by the Government of Nepal, festival allowances, and medical and accidental issuances, amongst others.
d. The NRN may be enlisted in the Social Security Fund and shall be eligible to receive various benefits relating thereto.
e. The employment of an NRN can only be terminated on the grounds expressly prescribed under the Labor Act 2074 (2017).
f. A Foreign Citizens of Nepalese Origin can repatriate his/her remuneration along with the proceeds from Social Security Fund in any convertible foreign currency to his/her country.

When the marriage is considered to have been concluded in Nepal?

Marriage in Nepal is considered to have been concluded in the event a man and woman accept each other as husband and wife through a traditional practice, formal way, or other acts as per the prevailing laws. However, the law has envisaged that marriage must be registered with the relevant authority and be made public. Marriage in Nepal can be concluded irrespective of the nationality of the man and the woman subject to the formalities provided under the law of Nepal.[22]

What is the condition to be met for a marriage to be legally valid?

For a marriage to be legally valid, all of the following conditions should be met:
a. man and woman should accept each other as husband and wife,
b. man and woman should not be relatives (however, if the practice in their ethnic
community or clan allows, then this condition is not applicable),
c. there should not be a pre-existing matrimonial relationship of the concerned man
or woman with another man or woman,
d. both man and woman should have attained 20 years of age.

When the marriage is considered voidable marriage?

A partner may void a marriage and claim compensation if the other partner withheld
information in relation to [23]
a. Having Human Immunodeficiency Virus (HIV) or Hepatitis ‘B’ or other similar diseases.
b. Being impotent, not having reproductive capacity, or not having sexual organs.
c. Being deaf or dumb or fully blind suffering from leprosy.
d. Being of unsound mind.
e. Being already married.
f. Being pregnant.
g. Being convicted of a criminal offense involving moral turpitude by a court and
sentenced for the same.

When the marriage is considered as void marriage?

There are two situations wherein marriage is considered void from start. They are:
i. marriage concluded without the consent of the man or the woman,
ii. marriage concluded between relatives, amounting to incest (with the exception of
being allowed by custom) [24]

What are the types of Tax in Nepal?

In Nepal, income tax falls under the scope of direct tax, whereas VAT, Customs Duty, and Excise Duty fall under the scope of indirect tax (as illustrated below).

What is the provision regarding income tax applicability to NRN’s?

The Income Tax Act, 2058 (2002) (“ITA”) has imposed tax based on (i) natural person or entity and (ii) resident person or non-resident person. The same provisions of the law are applicable to both Foreign Citizens of Nepalese Origin as well as Nepali Citizens Residing Abroad.

What is the provision regarding income tax returns?

The taxpayer has to submit the tax return of the income year within 3 (three) months of the end of such income year. The taxpayer can request the IRD for an extension of the time limit to submit the tax return. The IRD may extend the time limit for a period not exceeding 3(three) months at one time or several times to submit the income return pursuant. The IRD can amend the tax return as many times as it deems appropriate as per the law.

What is the provision regarding local taxes/rental taxes?

Local business taxes are levied by the concerned local authority for carrying out business activities in the jurisdiction of the municipalities. The rate of local business tax is determined by the nature of the industries. Rental tax is paid to the concerned authority on rental income. It is calculated on the basis of the rental amount. For the purpose of Local Tax, the entity must obtain local business registration from the concerned local authority. Local business tax is to be paid at the concerned local authority every year. The rate of local tax is different for different locations and depends on the nature of the business. 

What is double taxation? What is to be done to avoid this?

Double taxation is the levying of tax by two or more jurisdictions on the same income.
To avoid this issue of double taxation, governments sign an agreement with each other known as Double Taxation Avoidance Agreement (“DTAA”) to ensure that tax is not paid twice on the same income. The primary idea behind DTAA agreements is to boost economic growth and minimize the opportunity for tax evasion for taxpayers.

How value-added tax (VAT) is regulated in Nepal?

Value Added Tax (“VAT”) is regulated by VAT Act 2052 (1996) and VAT Rules 2053(1997) in Nepal. The VAT is applied on the following transactions:
  • Goods and Services supplied in Nepal
  • Goods and Services imported in Nepal
  • Goods and Services exported in Nepal

What are the requirements relating VAT registration?

The entities (natural person, firm, company, association institution, partnership institution, co-operative, joint venture, trust, and fund (this includes NRNs as well)) dealing in the following must be compulsorily registered under VAT:
i. Involved in the business of brick production, wine shop, rafting, tourist vehicle, slate, alcohol, software, crusher, stone, trekking, paragliding, and sand mine,
ii. Involved in the business of hardware, sanitary, furniture, automobiles, motor parts, marble, electronics, educational consultancy, health club, massage therapy, beauty parlor, catering service, party palace, parking service, dry cleaners using machinery, restaurant with bar, ice cream industry, color lab, boutique, tailoring with shirting suiting materials in the metropolitan city, sub-metropolitan city, the municipality area, or areas prescribed by the IRD,
iii. In case the annual turnover of the person doing transaction of goods exceeds NPR 5 Million (Nepalese Rupees Five Million),
iv. In case the annual turnover of the person doing transactions of both goods and services exceeds NPR 2 Million (Nepalese Rupees Two Million),
v. In case the annual turnover of person doing a transaction of services exceeds NPR 2 Million (Nepalese Rupees Two Million).[25]

To whom repatriation is permitted?

Repatriation in the current chapter is to be understood in the context of foreign investment. As per the current legal regime, repatriation is permitted for both types of NRNs - Nepalese Citizens Residing Abroad (“NCRA”) as well as Foreign Citizens of Nepalese Origin (“FCNO”) if – a) such investment is made after obtaining prior approval from DOI/IBN, b) notification has been duly provided to NRB, and c)investment has been recorded at the NRB. Before the enactment of FITTA 2019, the matter in relation to the repatriation of investment was exclusively dealt with by the NRN Act 2064 (2008) and NRN Regulation 2066 (2009).

Can NRN repatriate an amount?

NRNs can repatriate the amount generated through one or more of the following activities [26]:
a. Earnings made through a dividend or through the sale of invested shares.
b. Investment in a loan which has been received via reimbursement of the principal loan
the amount and through the interest.
c. Technology Transfer fees, license fees, and royalties earned through transfer
of technology.

Is it a need to show the approval for repatriation of investment?

Recommendation from DOI/IBN and approval from NRB is required. For repatriation of investment, there is a need to show approval for investment that was taken from DOI/IBN and the recording at the NRB in relation to the same. In the event that a share purchase agreement changed the structure of the shareholding, there is a need to show approval from DOI/IBN and NRB as well as the NRB recording. Repatriation approval is allowed in the name of the foreign investor who made the investment andonly to the country of origin from where such investment was injected. However, if the NRN decides to repatriate his/her investment in a different foreign currency, another approval from NRB will be needed. [Regulatory approvals may also be required by sectoral regulatory authorities.[27]

Is there any Restrictions on Repatriation?

There is a lock-in period of 1 (one) year for foreign investors including NRNs. NRNs cannot repatriate their investment (i.e. sale of shares) before completing 1 (one) year from the date of investment. This does not apply to repatriation of dividends, and salaries. Incase, the investment is made in promoter shares (i.e. shares purchase except by way of Initial Public Offering), a lock-in period of 3 (three) years is applicable from the date of the Initial Public Offering.

What is a divorce in the context of Nepal?

Divorce is the formal end of the marriage. Thus, when a divorce is affected, the marital relationship between the husband and wife comes to an end. In the context of Nepal, divorce can generally be affected at any time if both the husband and wife desire so. However, there are certain grounds available for divorce without mutual consent. Nepalese law does not have separate legal provisions for divorce relating to NRNs.
However, the National Civil (Code) Act, 2074 (2017) is relevant in this regard.

What are the grounds for divorce in Nepal?

Divorce in Nepal can be obtained on the following circumstances:
a.  Grounds for divorce for the wife 29
  • Mutual consent of husband and wife.
  •  If the spouse has been living separately from the other spouse for 3 (three) or more consecutive years without consent.
  •  If the spouse has deprived the other spouse of maintenance costs or expels the other spouse from the house.
  •  If a spouse commits an act or conspiracy which is likely to cause grievous hurt or other severe physical or mental pain to the other spouse.
  •  If the spouse is proven to have made sexual intercourse with another person.
  •  If the husband concludes another marriage.
  • If the husband is proven to have raped the wife.
b.   Grounds for divorce for the husband
  • Mutual consent of husband and wife.
  •  If the spouse has been living separately from the other spouse for 3 (three) or more consecutive years without consent.
  •  If the spouse has deprived the other spouse of maintenance costs or expels the other spouse from the house.
  •  If a spouse commits an act or conspiracy which is likely to cause grievous hurt or other severe physical or mental pain to the other spouse.
  • If the spouse is proven to have made sexual intercourse with another person.


What is the procedure for divorce in Nepal?

The procedure for divorce in Nepal is :
  • The husband or wife file a petition in the concerned district court.[31]
  • The court tries, to the extent possible, to facilitate mediation between the spouses for a period of 1 (one) year.[32]
  • If the mediation fails, the court grants the divorce if the grounds have been sufficiently proved.[33]

What is the provision regarding forfeiture of NRN id card?

There are 2 (two) ways pursuant to which an NRN ID Card may be forfeited: (a) if a Nepali Citizen Residing Abroad acquires the citizenship of a foreign country, (b) if the validity period of the NRN ID Card expires.

a. Acquiring citizenship of a foreign country:[34]
A Nepali Citizen Residing Abroad had obtained an NRN ID Card by virtue of him/her residing in a foreign country for at least 2 (two) years, and thereafter, s/he acquires the citizenship of the said foreign country, then his/her sub-characterization as an NRN would change, and consequently, the previous NRN ID Card would no longer serve as an authentic document. Hence, the individual would then have to re-apply for NRN status under the subcategory of Foreign Citizen of Nepalese Origin. In this manner, s/he can re-register as NRN and re-gain the NRN ID Card.

b. Expiry of NRN ID Card:[35]
With reference to Foreign Citizens of Nepalese Origin as well as Nepali Citizen Residing Abroad, if the validity period of an NRN identity card expires, then the concerned NRN would no longer be able to claim the privileges associated with it. In this case, the NRN would have to re-apply to the relevant authority for renewal of the NRN ID Card along with the prescribed application and fees. An NRN may also want to voluntarily renunciate its NRN status owing to various reasons such as pursuing better career opportunities in Nepal or long-term settlement in Nepal.

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