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This article outlines the details of the divorce process in Nepal under the new divorce law. In Nepal, it is necessary for either party seeking divorce to hire a professional and highly skilled divorce lawyer.
Divorce is the legal process of ending the marriage between a husband and wife. Civil Code 2017 (“Civil Code”) is the governing law which deals with the matters of divorce in Nepal. At any point, the husband and wife can choose to end their marriage by getting a divorce, if they both want to.
Divorce Process in Nepal is governed by the Chapter on Divorce of the Civil Code. Section 93 to 104 of Civil Code are related to divorce and Mutual Consent Divorce.
The application for divorce is filed in the relevant District Court and the individuals can get a divorce if the Judge deems it reasonable.
The husband or wife may initiate Divorce Process in Nepal even without the consent of the respective spouse in any of the following circumstances
Grounds of Divorce for Husband
(a) 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 wife has been living separately for three or more consecutive years, without consent of the husband;
(b) If the wife deprives the husband for the maintenance costs or expels him from the house;
(c) If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband; or
(d) If the wife is proved to have made sexual relation with another person
Grounds of Divorce for Wife
(a) 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;
(c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;
(d) If the husband concludes another marriage;
(e) If the husband is proved to have made sexual intercourse with another woman; or
(f) If the husband is with evidence to have raped the wife or conspiracy likely to have raped the Wife.
Divorce by Mutual Consent is possible but difficult to bring into Action in Nepal according to the Civil Code 2017 2074.
Any party (husband or wife) willing to have a divorce, can initiate a case of divorce.
The procedure of divorce in Nepal is briefly provided below:
The husband or wife, as the case may be, desiring to get divorce is required to file a petition in the concerned District Court.
The Court gives notice of petition to another party through officials of court.
After getting notice of petition, the receiving party must file a reply of petition in the Court within the stipulated time.
If a petition is filed for divorce, the Court shall, to the extent possible, remind and convince both the parties and conciliate them to solve the dispute.
(1) If divorce is to be effected because of the husband, the Court shall, if the wife so demands, cause partition to be effected between the husband and wife before effecting divorce.
(2) If it appears that it may take a long time to effect partition, the Court may effect divorce between the husband and wife and 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 Court fails to make conciliation between the husband and wife even after reminding and convincing them and deems appropriate to get the relationship divorced rather than to continue it any longer, the Court shall effect divorce between them.
Decision of divorce must be recorded and marriage registration certificate must be cancelled from the concerned Ward Office.
The husband shall not be compelled to provide partition share or alimony to the wife under the following conditions during the Divorce Process in Nepal:
(a) If the wife deprives the husband of maintenance costs or expels him from the house;
(b) If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband; or
(c) If the wife is proved to have made sexual relation with another person.
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.
Provided that if such a wife concludes another marriage, it is not required to provide such amount or alimony.
On the death of a divorcee woman, her son, daughter, if any, shall be entitled to her property, and if not, the previous husband shall obtain the property received by her from such a husband, and the successor on her mother’s side shall obtain property which was not received from husband after the Divorce Process in Nepal.
(1) Wife shall get equal entitlement to partition share on the property of husband. For the purposes of apportionment of a property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners.
(2) If a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce.
(3) If the husband himself has not obtained partition from his father or other coparceners, the Court shall, by causing both the parties to disclose the coparceners, and if there are other coparceners who are entitled to partition, by inquiring such coparceners as well, cause partition to be apportioned between the husband and wife.
If the wife, who has not obtained partition from the husband for there being no property for partition, 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, (i) If such a wife concludes another marriage, it is not required to provide such costs, (ii) If the income of the wife is higher than that of the husband, it is not required to provide such costs.
Yes, husband or wife living abroad can file for divorce in Nepal without being present in person. For this, an authorized power of attorney needs to verified and authenticated from concerned embassy of Nepal in that country. However, a Divorce Lawyer in Nepal is generally required for these Procedures.
Following are the required documents for divorce application:
If both husband and wife agree, the Court will grant them an immediate divorce. If the husband and wife cannot agree to reconcile, even after being reminded and convinced by the Court, the Court will grant a divorce one year after the petition is filed. Therefore, it takes a minimum of one year for the divorce process in Nepal.
Disclaimer: All contains available here are for general information purposes. A proper legal solution always depends on your particular circumstances thus seeking advice from an attorney who can provide assurances of the information contained herein and interpretation of it. You are requested to seek legal advice for specific factual situations. If you need further information on this matter, please contact us at Legal Access Nepal Pvt. Ltd.
Advocate: Yogesh Bhandari, Sushma Dahal and Pushpa Basyal
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