This article will guide you to know about divorce law in Nepal.
Introduction – Divorce Law in Nepal
Divorce is a legal way to end a marriage, and it involves specific rules and steps. In Nepal, these rules are outlined in Chapter Three of the Nepalese National Civil Code from sections 93 to 104. This article seeks to explain divorce laws and procedures in Nepal in a simple manner.
Types of Divorce in Nepal
1. Divorce by Mutual Consent
According to section 93 of the Civil Code 2074, couples can end their marriage whenever they both agree to a divorce. This process is fast, usually taking two working days, making it affordable and less stressful. However, divorces through mutual consent might not cover property or financial claims, affecting the spouse who is financially less secure.
2. Divorce by Court Order
If both spouses can’t agree, either one can ask the court for a divorce by filing a petition according to section 96. The reasons for seeking a divorce can include three years of separation, adultery, or physical and mental torture. The court looks at different conditions depending on whether it’s the husband or wife applying for the divorce, adding complexity to the legal process.
Grounds for Husband to File for Divorce According to Section 94
- The wife lived separately with her share of the property for three consecutive years without informing the husband.
- The wife forces the husband out of the house.
- Wife inflicting physical and mental torture on the husband.
- Wife engaging in a sexual relationship with another man.
Grounds for Wife to File for Divorce According to Section 95
- Husband abandons the wife without knowledge of her whereabouts.
- Husband living on his own for three consecutive years without the wife’s knowledge.
- Husband engaging in a sexual relationship with a woman other than his wife.
- Husband inflicting physical and mental torture on the wife.
- Husband remarrying without the wife’s consent.
- Husband forcing non-consensual sexual relations on the wife.
Division of Property in Nepalese Divorce
Courts suggest mediation to settle property and money issues during a divorce. If mediation doesn’t work, the court can look into the finances, making sure both parties reveal all their assets.
If someone hides assets and gets caught, the court can transfer those assets to the other spouse. When dividing shared property and deciding on maintenance, the court considers factors like each person’s income and property, how long they were married, and their age and health according to section 99 of the National Civil Code.
In divorce situations, if a wife chooses financial support instead of a share in the husband’s property, the court can instruct the husband to give a one-time sum or regular alimony based on his income or assets.
Yet, if the wife remarries, the husband isn’t obliged to continue such financial assistance. Sections 99 and 100 establish this legal provision, providing flexibility in divorce settlements by taking into account the choices and situations of the involved parties.
- Submit the Divorce Application: The first step involves filing a divorce petition in the district court, requiring the assistance of a divorce lawyer.
- Serving of Summons/Notice: The court sends a summons or notice to the opposing spouse, who has 21 days to respond to the divorce petition.
- Response to Petition: The opposing spouse appears in court to respond to the summons, either accepting or refuting the claims made in the petition.
- Submission of Proofs: The court orders both parties to submit evidence supporting their claims, and a failure to comply can result in consequences.
- Temporary Orders: Spouses may file for temporary maintenance and support orders, addressing issues like child custody, support, and spousal maintenance.
- Civilized Discussions and Settlement: The court may encourage spouses to settle through mediation, reducing divorce petitions based on minor disputes.
- Information about Property’s Source of Income: If no agreement is reached, the court intervenes to divide property based on disclosed details and income.
- Decision Execution: After the court grants the divorce, the affected party must file a petition for implementation with the relevant decision-enforcing department.
Understanding divorce laws and procedures in Nepal involves grasping the two main types of divorce and their pros and cons. Whether it’s through mutual consent or a court order, the legal system aims to ensure a fair resolution, taking into account aspects like property division, financial disclosure, and the welfare of any children. This overview acts as a guide for those seeking clarity on divorce laws in Nepal, highlighting the significance of making informed decisions and complying with legal requirements.