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New Divorce Process in Nepal (2080) – Easy Guide to all the Latest Provisions

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.

Divorce Process in Nepal
Divorce Decision by the Court
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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.

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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

Divorce Process in Nepal – Complete Steps

  1. Petition to be Filed: The husband or wife who wants to divorce may file a petition in court.
  2. Notice: Notice should be given to another party i.e. defendant through the court about the petition filed.
  3. Reply: The defendant must file a reply petition in court at a specific time.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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

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Divorce Process in Nepal
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48 thoughts on “New Divorce Process in Nepal (2080) – Easy Guide to all the Latest Provisions”

  2. Hello sir
    Shall my wife will get partion of property from my parents if i had already get partion from my parents
    Shall u explain more ।

    Reply

  5. Hi , can you please explain how does Nepal govt handle adultery case ( I.e wife cheating husband) ? Husband have the evidence of cheating and wants to end the relationship …they are already living separately ..under what circumstances the husband will be re granted status as ‘not married /single’ ..also what if wife doesn’t file for divorce ? will the case automatically dismiss after certain number of years …

    Reply

    • Adultery can be the significant ground for the divorce,so you can file the case of divorce and follow the proceedings of the court. For more information, Contact or Whatsapp at +977 9862944100

      Reply

  6. Hello sir,
    How one proves living separately? For instance, if someone is residing on different rented houses, say three different houses for 3 years? Local body needs house owners to pay rental taxes to verify the residence or even to start the process I believe, and they don’t want to pay rental tax. Even if the last house owner agrees, one can prove only a year of living separately since s/he is on 3rd rented house moved from others two already.

    Thanks

    Reply

  7. What if they are married abroad and is divorced is finalised abroad? Will the wife still be able to claim property?

    Reply

  8. My friend divorce case is going on in court and my freind is indian army.. On behalf of my friend his father is presenting the court now they want my friend to present in court which is very difficult to appear because of some circumstances then if he didn’t appear bt his father is there.. Will the divorce case will go on opponent side.. Or what will happen?

    Reply

  10. Hi, could you please explain this
    A couple gets divorce, and in future they reunite again and wants to remarry with each-other. Is it okey in Nepal to do so?
    And after how long of the divorce can they get married again?

    Reply

  11. I need to file a divorce to my husband leaving in America. He can’t be here for the process and I live here in Nepal. Is there a way I can get divorce soon like within a month period. Can you help me with the detail. Thank you

    Reply

  15. Is it legal for a husband to ask for divorce or bring a second wife if the current wife cannot give him children?
    Regards

    Reply

  16. Sir
    I want to get divorce from my husband I bought property with my money it is in my name so my husband has any share in it

    Reply

  17. K.b. dahal sir,
    If wife cannot give a child, husband can get divorce from the wife. Husband is ready to half of property but wife don’t wanna a divorce and don’t want the property.. In this case Husband can get the divorce from the wife..

    Reply

  19. I am in golf for a long time I have two children first one is a major and the second child is a minor. she applies for a divorce with two children but my elder daughter is drop out of the case but the small son is small so, she wants a divorce with claiming money eqaul to her and son’s property. and she capture also my house and they are old they have to cook and eat sepratley

    Dear Sir,
    Ma rojgar ko lagi dherai barsa agadi bata bidesh ma xu .in golf
    mero dui bacha xan . thulo xori ra sano xora xa .
    bigat sayad 2015 bata agadi bata mero wife le malai tha navai dherai tahuma rin vako vanera paisa magi rako thyo ra aile diye ani tehi bel bhuichalo le ghar bhatke paxi maile rin gari ghar banaye .tyo samayama usko paisa lagi kahile k kahile k bhani paisa magthyo ra maile sakeko pathaidinthe.
    malai paxi sanka lagdai gayo ra maile sodpuch garda usle karan dina sakena ra ma confirm vayeki usle cheating gariraxa .tespoxi phone bata jhagda hudai gayo paisa ko detail diyena ra usle ghar pani capture gari mero aamababa lai xutai bhansa garna lagayo.mero aambaba dherai age vaisakyo .pakayera khana pani garo xa .yesto bela usle divorce magi with xora ra xori ko hak sahit .r xori thulo vaisake ko xa usle divorce ko aafno case firta ligyo ra aahile mero wife le aafno ra xora ko hak sahit divorce apply gari rako xa …maile pahilai yeti dhukha garera kamako paisa dubaisakyo aba aayera aru dina parda ma ra mero aamababa lai garo vai rako xa … mero aafnai gharma mero buda vayeka aama baba lai dhukha diyera Divorce apply gareko xa .. ma aba kasari bachu .
    MA KASARI ABA DIVORCE LIGAM JABAKI MAILE 1 GHAR BARABAR KO PAISA CASH PAHILAI DI SAKE USLE KATA UDAYO THA XAINA RA AJHAI SANO BACHHA SAHIT AAFULE PAUNE AANSA MAGI RAKO XA. THANK GOD KI MERO XORI LE KURA BHUJERA USLE AAFNO CASE DROP GARYO .ABA U USKO RA XORA KO ANSA LIYERA DIVORCE MAGEXA …PLEASE MA MERO XORA RA AAFNO BABA AAMA LAI BACHAUNA CHAHANXU ….KI U AAFAI BINA ANSA AAFNO BATO LAGOS VANERA….PLEASE HELP ME

    Reply

  20. Sir namsteya ,
    1.buda budi ko US citizenship cha ra divroced ko lage us court ma muddha chalerako cha.
    2.budi leya same time nepal ma divorced ra aansa ko muddha aafno buda, sasu saura ra dewar lau muddha lagna milcha ?

    Reply

  22. Hlo
    can u plz guide me for divorce filing procedure in case of: if a man and a woman get married but after 6-7 year everything is not ok between them. they both are working but his wife doesn`t care about his husband and beat him when ever they have verbal fights between them. They live together but they don`t talk to each other. what if a man will file a divorce case in court, should he will be liable to pay money to his wife after divorce or before divorce. both are living in India. But they are residents of nepal.

    Reply

  24. Hello sir,
    The both parties have agreed for divorce but one of the party(wife) does not want to attend the court. In fact this party is the one who wanted divorce but does not want to attend to court and I heard the female party has to attend in court for it to proceed otherwise no matter what the divorce will not proceed? Is it really true? If it is, then is there a alternative for it cause it seems really unfair for the male party.

    Reply

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