Muluki Civil Code 2074, Part 3, Chapter on Divorce is the governing law for divorce in Nepal. Divorce, the termination of a marital relationship (marriage) can only be concluded in the regular (district) court of Nepal.

What is Divorce?

  • Divorce is the termination of marriage (legal relationship) between husband and wife by the order of the court. 
  • Dissolution of marriage between legally married couple

What are the Grounds for Divroce?

Muluki Civil Code 2074, Part 3, Chapter on Divorce provides grounds for divorce on mutual consent and for both husband and wife without the consent of each other.

Grounds for Divorce by Husband:

The husband may initiate the divorce on the following circumstances without the consent of the wife:

  • If the wife has been living separately for more than 3 consecutive years without the consent of the husband
  • If the wife deprives the husband of maintenance costs or expels him from the house
  • If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband
  • If the wife is proven to have had sexual relation with another person

Grounds for Divorce by Wife:

The wife may initiate the divorce on the following circumstances without the consent of the husband:

  • If the husband has been living separately for more than 3 consecutive years without the consent of the wife
  • If the husband deprives the wife of maintenance costs or expels him from the house
  • If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife
  • If the husband concludes another marriage
  • If the husband is proven to have had sexual relation with another woman
  • If the husband is proven to have raped the wife (marital rape)

Types of Divorce Process and Procedure in Nepal

1. Divorce by Mutual Consent

  • Divorce by mutual consent is a divorce that occurs by the consent of both husband and wife to voluntarily terminate their marriage. Divorce by mutual consent can be done with or without partition of the property.
  • Normally, it takes 2 working days in the district court of Nepal to conclude the divorce by mutual consent.
  • On first day, one of the party shall file the divorce petition in the concerned district court.
  • On second day, the other party shall give a reply to the petition and mutual agreement for finalizing the divorce shall be submitted to the court
  • Divorce by mutual consent can be finalized with or without providing a partition of the property. It shall be clearly mentioned on the mutual agreement of the parties whether wife is giving divorce by taking partition or cash or something value of cash or giving divorce without taking any partition of the husband’s property. 
  1. Divorce by the Order of the Court
  • If the husband and wife does not mutually consent for the divorce, then either the husband or wife who is seeking divorce shall file a petition in the court for divorce
  • The court shall examine necessary documents and all evidence produced by the parties and arguments made by the lawyers of both parties
  • Generally, it takes more than a year for the final decision of the court. 

Required Documents for Divorce by Mutual Consent

  • Citizenship of both husband and wife
  • Marriage registration certificate
  • Birth certificate of child (if any child)
  • Authorized Power of Attorney (if divorce shall be concluded by any other person representing the husband or wife in the district court. Generally, if any of the party or both parties resides in a foreign country, divorce is concluded in Nepal by authorizing a certain person here in Nepal to conclude divorce on their behalf by the authorized power of attorney which is verified and registered in the Nepalese embassy of that country) 
  • Passport size photos
  • Temporary residence document (if divorce shall be concluded in any other district court rather than that district court where the registration of marriage is made or citizenship of any of the party is issued)

 

Disclaimer: This information is presented solely for educational purposes and should not be considered legal advice.

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