Divorce: Laws and Grounds
FinLex Associates
Legal Framework for Divorce
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?
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
- 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
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.
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 (if the divorce is filed in a district court other than the one where the marriage was registered)
Disclaimer
This article is for educational purposes only and should not be considered legal advice. FinLex Associates holds exclusive rights to this content.
Contact Us for Legal Advice on Divorce Cases in Nepal
FAQ
Divorce is the legal termination of a marriage between a husband and wife by a court order, dissolving their marital relationship.
The Muluki Civil Code 2074 provides grounds for divorce that can be initiated either by mutual consent or unilaterally by either party under specific circumstances.
A husband may file for divorce without the wife’s consent on the following grounds:
- The wife has lived separately for over three consecutive years.
- The wife has deprived him of maintenance or expelled him from their home.
- The wife has committed acts that could cause severe physical or mental pain.
- The wife has had sexual relations with another person.
A wife may file for divorce without the husband’s consent for the following reasons:
- The husband has lived separately for over three consecutive years.
- The husband has deprived her of maintenance or expelled her from their home.
- The husband has committed acts that could cause severe physical or mental pain.
- The husband has concluded another marriage.
- The husband has had sexual relations with another woman.
- The husband has committed marital rape.
Divorce by mutual consent occurs when both parties agree to terminate their marriage. The process typically takes two working days:
- Day 1: One party files the divorce petition.
- Day 2: The other party responds, and a mutual agreement is submitted to the court. The agreement may include terms regarding property partition.
If mutual consent is not reached, either spouse can file a petition in court for divorce. The court will review all necessary documents, evidence, and arguments, and the process may take over a year to reach a final decision.
- Citizenship certificates of both parties.
- Marriage registration certificate.
- Birth certificate of any children (if applicable).
- Authorized Power of Attorney (if someone is representing either party).
- Passport-sized photos.
- Temporary residence document (if applicable).
Divorce by mutual consent can typically be concluded within two working days if both parties agree.
Yes, individuals residing abroad can initiate divorce proceedings in Nepal, usually through an authorized representative.
Yes, marital rape is explicitly recognized as a ground for divorce under the Muluki Civil Code.
