Learn about the complete divorce process in Nepal. Get the list of required documents and know about the different legal provisions of divorce in Nepal.
This article will help you to know detailed information about the divorce process in Nepal.
Divorce means the formal, voluntary ending of a marriage by the granting of a decree of dissolution of that marriage on the petition of either party thereto, in a manner that allows the parties to remarry. The divorce process in Nepal is governed by the Muluki Civil Code 2074.
Grounds Available to Divorce for Husband
The divorce process in Nepal can be carried out by the husband under the following circumstances:
- Desertion: If a wife has left her husband and lived separately for a continuous period of three years or more without his consent, or
- Cruelty: She has carried out any such act or intrigue or conspiracy as is designed to put an end to the husband’s life, lead to his physical disability, or result in any other severe physical or mental suffering to him, or
- Venereal Disease: The wife suffers from any incurable venereal disease or
- Adultery: The wife is held to have sexual intercourse with any other man,
- Bigamy/Jari: If the wife concludes marriage with another person, the relation of such husband and wife shall ipso facto be dissolved.
Grounds Available to Divorce for Wife
The divorce process in Nepal can be carried out by the wife under the following circumstances:
- Bigamy: If a husband has brought or kept another wife or
- Desertion: left the wife and lived separately without seeking any news of her and without taking care of her for a continuous period of three years or more or
- Cruelty: carried out any such act or intrigue or conspiracy designed to put an end to her life, lead to her physical disability, or result in any other severe physical or mental suffering to her, banish her from the house, or not provide her with food and clothes
- Impotency: if the husband has become impotent, or
- Venereal Disease: The husband suffers from an incurable venereal disease or
- Adultery: The husband is held to have sexual intercourse with any other woman or
- Rape: the husband is held to have raped the wife.
Conditions of Automatic Divorce in Nepal
There is no requirement to follow divorce in Nepal but automatic divorce takes place under the following circumstances ;
- If the marriage was performed without the full consent of the husband and the wife, the marital relations between them shall automatically end in divorce
- If any individual has performed incestuous marriage subject to punishment, the marital relations between the husband and the wife automatically end up in divorce and
- If the wife marries another person before the divorce.
Divorce by Mutual Consent in Nepal – Agreement Divorce
Mutual consent means the agreement of both parties i.e. husband and wife. This is the easiest way to get a divorce. There are no procedural difficulties as well and the cost is very low. If both husband and wife agree to divorce, this process is completed within two days in the court.
Partition Before Divorce in Nepal
The legal provision has been made for the Court to provide property in the partition to the wife before granting divorce if it is demanded in conditions where divorce is possible by the reason of the husband.
If the joint property is in the name of the husband and wife or in the name of either the husband or wife, such property should be partitioned between them according to the law before granting a divorce.
If the property is yet to be acquired in the partition by the husband from his father or other coparceners, the court shall ask for the details of the property in the partition and provide property to both husband and wife in the partition.
Documents Required for Divorce Filing in Nepal
- For the divorce process in Nepal to be carried out, the following documents are required
- Certificate of Citizenship,
- If residing in another place, a recommendation letter from such concerned local bodies,
- 2 pp size photos,
- Details of the property and property to be claimed,
- Court fee
- Marriage Certificate
- Other evidence of marriage is if there is no marriage certificate
Divorce Process in Nepal – Complete Steps
- Petition to be Filed: The husband or wife who wants to divorce may file a petition in court.
- Notice: Notice should be given to another party i.e. defendant through the court about the petition filed.
- Reply: The defendant must file a reply petition in court at a specific time.
- Trial: Once both parties have expressed their demands and opinions through the petition and the reply, the trial starts where the court hears both parties along with their evidence and facts.
- Mediation to be made between husband and wife: If a petition is filed for divorce, the court shall remind and convince both husband and wife and unite them.
- Temporary Orders: Within another step of the separate method, the court can issue brief orders relating to child guardianship, alimony, and maintenance as required by the party.
- Divorce to be effected: On the off chance that the court comes up short of creating conciliation between the husband and wife after reminding and persuading them and finds it fitting to induce the relationship separated instead of proceeding it any longer, the court should impact separate between them.
- Partition of property to be effected before divorce: In case of separation is to be influenced by the husband, the court might, in case the wife so requests, cause the division of property to be affected between the husband and wife before effecting divorce.
If the partition of the property can not bring into impact right away at that point the wife ought to be given the month-to-month costs and wage of the husband until the partition comes into impact.
- Cancellation of Marriage Certificate: Registration of marriage certificate must be canceled from the ward office after divorce.
The Rights of Women after Divorce in Nepal
- Right to Remarriage: The law has secured the right of remarriage to any divorced woman.
- Right to Change the Surnames: The law has secured the right of the woman to use her surname of the family by removing the surname of the family of the husband after divorce.
- Right to Use the Property in Partition According to Her Wishes: The law has secured the right of the divorced woman to use the property acquired in the partition from the husband as she wishes and she need not return it to the former husband. In case of the death of the divorced woman who has no children, the husband again acquires the property. If the woman has some other property, the members of the family and the wife are liable to get it.
Guardianship of Child After Divorce in Nepal
After the lawful divorce process in Nepal is completed, a minor born from them will remain under the custody of the father or mother under the following circumstances:
- In the case of a minor who has not attained five years of age, under the custody of the mother, if she so wishes no matter whether or not she has concluded another marriage,
- In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires,
- In circumstances other than that referred to in clause (a) or (b), under the custody of the father.
If there is an agreement between husband and wife about the custody of a minor during divorce then custody according to the agreement.
If the minor is above 10 years then the opinion of the minor is also taken into consideration.
If the mother or father, under whose custody a minor is living, dies, the surviving father or mother shall take the minor under his or her custody without any delay.
But if the mother has already concluded another marriage, she is not obliged to take a minor above five years of age under her custody.
For Answers and Questions
Can either husband or wife file a petition for divorce in Nepal?
Yes, either husband or wife can file a petition for divorce under the circumstances mentioned in Muluki Civil Code 2074.
Who can keep the child after divorce in Nepal?
Either husband or wife can keep the child according to the provision of Muluki civil code 2074.
Can a child decide with whom they stay after divorce in Nepal?
Children above 10 years of age can share their opinions on with whom they want to stay.
Is divorce of Nepalese people in foreign countries accepted in Nepal?
Yes, if the case is decided by the competent court in foreign countries then it is accepted in Nepal.
Can a divorce be done in a foreign country or abroad by Nepalese?
Divorce can be done abroad by the Nepalese following the prevailing laws.
Can a wife claim property after divorce in Nepal?
Property can be claimed before the divorce. It is not necessary to give property to a wife after divorce.
Can the divorce process be done in the absence of a husband or wife in Nepal?
If the husband or wife is abroad or anywhere, the divorce process can be done following the prevailing laws via Power of Attorney.
What is the fastest way to get a divorce in Nepal?
Divorce by mutual consent of husband and wife is the fastest way to get a divorce.
Can divorce be done if the husband or wife is abroad in Nepal?
Divorce can be done in Nepal if the husband or wife is abroad via power of attorney.
Can a wife claim property in divorce if the cause of divorce is a wife?
A wife can not claim property in divorce if the cause of divorce is a wife. If a wife cheats on her husband and makes physical relations with others if a wife does not give food, or economic support to the husband and removes him from the house, and if a wife does physically hurt or mentally hurt immensely, a wife can not claim property in divorce
Will a wife get the property if she files a divorce at first?
A wife will get the property if she files a divorce at first under the circumstances that she is not a cause for the divorce.
Does a wife get punishment for a second marriage if she does another marriage?
No, the wife does not get punishment for a second marriage if she does another marriage. The previous marriage automatically becomes void if she concludes another marriage.
If you have any queries regarding the divorce process in Nepal, feel free to comment below or directly