Divorce in Nepal – Exclusive 3 Mins Read

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Divorce means a legal dissolution of the marriage, and results in the legal separation of husband and wife. Divorce in Nepal is governed by the Muluki Civil Code 2017. This article provides a summary of the divorce laws in Nepal.

Divorce between the husband and wife is connected to various legal issues and shall be considered together. For instance, matters relating to property rights, and child custody are major legal issues faced by the husband and wife during the termination process.

The laws and procedures relating to a Divorce in Nepal are:

Who may file for Divorce in Nepal:- Husband OR wife OR Both may file the case before the district court of their jurisdiction.

Grounds for a Husband to file a Divorce case against wife:-

S.N.	Grounds for Divorce in Nepal
1.	If the wife lives separately without the consent of husband for 3 consecutive years or more than that.
2.	If the wife didn’t provide basic needs to the husband and abandons him from home.
3.	If the wife does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the husband.
4.	If it is proved that the wife is engaged in sexual activities with other people.

Grounds for a Wife to file a Divorce case against husband:-

S.N.	Grounds
1.	If the husband lives separately without the consent of husband for 3 consecutive years or more than that.
2.	If the husband didn’t provide basic needs to the husband and abandons him from home.
3.	If the husband does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the wife.
4.	If the husband solemnizes another marriage.
5.	If it is proved that the husband is engaged in sexual activities with another woman..
6.	Marital rape.

Time Required for divorce: The court shall finalize the case of divorce within one year of the application filed.

Procedure that needs to be followed for divorce:

1.     The party who wants to file for divorce must file an application in the District Court of the District where the applicant resides.

2.     The court through the help of its officers shall then give notice (summons) of Divorce petition to the other party.

3.     The other party attends the court and submit their written reply.

4.     The court then convinces both the parties for mediation. 5.     If mediation fails, the court will rule on divorce.

Things that need to be carried out before divorce:-

• Partition of property: Partition of common property in the joint name, or any one’s name among husband and wife is to be done, and if it is found that the partition of the property takes long time then the husband has to provide monthly expenses to the wife as per his property and income.

• However, if the Divorce is filed by the wife, the husband is not obliged for that.

Condition in which the wife can get lump sum amount rather than Partition of property

The court can order the husband to provide lump sum amount or annually or monthly expenses on the basis of his income if the wife desired so but if the wife conducts another marriage then the husband is not liable to pay.

Documents Required for divorce: The following documents are required along with application for the divorce:

• Marriage Registration Certificate

• Notarized copy of Citizenship certificate of husband and wife

• Name and address of one witness each

• Other evidences/documents, if any.

For more information on Divorce in Nepal please contact us at info@lawchintan.com or call us at +977 9866556697.

Learn about Court Marriage or Marriage Registration instead? Click the link: Court Marriage in Nepal | Marriage Registration in Nepal: Executive Summary with Latest Updates- Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)

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