Divorce in Nepal

Divorce in Nepal

Divorce in Nepal

Divorce may be understood as the legal termination of the conjugal/marital relationship between the husband and wife. The motion of divorce may be initiated by either husband or wife or through mutual consent between them to end the marriage relationship. Before the promulgation of the National Civil Code, 2074 B.S., the grounds, as well as procedures for divorce, had been prescribed in MulukiAin, 2020 B.S. After the repeal of MulukiAin, these procedures have now been laid down in the National code. 

According to Section 94 of the National Civil Code, 2074 B.S., the husband may initiate procedures relating to divorce under the following circumstances:

  • If the wife has been living separately for three or more consecutive years without consent of the husband even when there has been no lawful separation and property partition between them, 

  • If the wife deprives the husband of maintenance costs or expels him from the house,

  • If the wife conspires or commits an act likely to cause grievous hurt or other severe physical or mental suffering to the husband,

  • If the wife is believed to have maintained a sexual relationship with another person.

Under Section 95 of the Code, the wife may file an application for divorce with the husband under the following conditions:

  • If the husband has been living separately for three or more consecutive years without consent of the wife even when there has been no lawful separation and property partition between them, 

  • If the husband deprives the wife of maintenance costs or expels her from home,

  • If the husband conspires or commits an act likely to cause grievous hurt or other severe physical or mental suffering to the wife,

  • If the husband marries another woman,

  • If the husband is believed to have maintained a sexual relationship with another person,

  • If the husband is proved to have raped his wife.

 

  1. According to Section 96 of the Code, the husband or wife desires to get divorced shall file a petition in the concerned court.

  2. Upon receiving the petition, the Court shall attempt to conciliate between the parties to the extent possible, as elucidated in Section 97 of the Code.

  3. If the conciliation fails, the Court shall initiate the proceedings of divorce between the parties after a year of the filing of a petition under Section 98(1) of the Code. 

  4. In light of Section 99(1) of the Code, if the divorce has been resulted due to the conduct of the husband, the Court shall cause partition of husband’s property between husband and wife if the wife demands so. However, if the husband himself has not obtained separation from his father or other coparceners, the Court shall cause both the parties to disclose the coparceners. By inquiring such coparceners, the Court shall create the partition to be apportioned between the husband and wife, as stipulated in Section 99(4) of the Code.

  5. If the partition of property between the husband and wife may take a long time, the Court may 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 enforced.

  6. Under Section 99(6) of the Code, if the divorce has been resulted due to the conduct of the wife, the husband shall not be compelled to provide partition share to the wife.

  7. According to Section 99(3) of the Code, if a property 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 before effecting divorce.

  8. According to Section 100, if the wife desires to obtain a lump sum amount or annual or monthly alimony or expense instead of partition share from the husband, the Court may order the husband to provide a lump sum amount or yearly or monthly maintenance or expenses on the basis of his property or income to the wife. However, if the wife marries another person, the husband shall be under no obligation to provide such alimony.

  9. According to Section 101, if the wife, who has not obtained partition from the husband under Section 99, 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 as per the income of the divorced husband. However, it is not required to provide such expenses if the wife concludes another marriage or if the income of the wife is higher than that of the husband.

  10. Pursuant to Section 102, if a written agreement has been made between the husband and wife on the partition share or alimony to which the wife is entitled upon divorce, it shall be according to such agreement.

  11. Following Section 103 of the Code, if the divorcee woman dies, her son or daughter shall be entitled to her property. If she does not have a son or a daughter, the previous husband shall obtain the property.

 

To sum up, a petition for divorce may be filed on the following grounds:

  • Adultery- involvement of a spouse in a sexual relationship outside marriage

  • Cruelty- mental and physical injury to a spouse that causes danger to his/her life, limb, and health

  • Desertion- voluntary abandonment of a spouse for three consecutive years

  • The mental disorder of a spouse

  • Virulent and incurable leprosy suffered by a spouse

  • Venereal disease suffered by a partner

  • Unsuccessful mediation between the husband and wife even after persistent attempts from the Court where the petition has been filed.

Therefore, these are the various rules relating to divorce between a husband and a wife in Nepal as per the recent legal development.

Share:
Other Blog

Category: Family Law Divorce


Browse Lawyers Alphabetically