Divorce in Nepal: Laws, Grounds, and Procedures

Legal Framework for Divorce in Nepal

Under the Muluki Civil Code 2074, Part 3, the Chapter on Divorce outlines the legal framework 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 in Nepal?

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

What are the Grounds for Divorce in Nepal?

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

Grounds for Divorce by Husband

• 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 relations with another person.

Grounds for Divorce by Wife

• 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 her 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 relations with another woman.
• If the husband is proven to have raped the wife (marital rape).

Divorce Process and Procedure in Nepal: Types Explained

1. Divorce by Mutual Consent in Nepal

   • Divorce by mutual consent occurs when both husband and wife agree to voluntarily terminate their marriage. It can be concluded with or without the partition of property.
   • It typically takes 2 working days in the district court of Nepal to finalize the divorce by mutual consent.
   • On the first day, one of the parties files the divorce petition in the concerned district court.
   • On the second day, the other party responds, and a mutual agreement for finalizing the divorce is submitted to the court.
   • The divorce can include terms regarding property partition, either with or without compensation for one party.

2. Divorce by the Order of the Court

   • If the husband and wife do not mutually agree to divorce, one of the spouses can file a petition in court for divorce.
   • The court examines necessary documents, evidence, and arguments from both parties' lawyers.
   • Generally, it takes more than a year for the court to make a final decision.

Required Documents for Divorce by Mutual Consent in Nepal

• Citizenship of both husband and wife.
• Marriage registration certificate.
• Birth certificate of the child (if any).
• Authorized Power of Attorney (if divorce is concluded by a representative, e.g., if one or both parties are abroad).
• Passport-sized photos.
• Temporary residence document (Atleast one either Husband or Wife shall have citizenship issued from that district to apply for divorce within that district. Say, if one of them have citizenship issued from Kathmandu district, then they can apply for divorce in Kathmandu district, but if they both have citizenship outside of Kathmandu district and marriage is also registered outside Kathmandu, then either one of them shall make temporary resistance certificate of atleast 15 days from ward office of any local levels of Kathmandu district for concluding divorce through Kathmandu district court.

Disclaimer

This article is for educational purposes only and should not be considered legal advice. FinLex Associates holds exclusive rights to this content.