Conditions for Husband to file Divorce in Nepal

Divorce is the legal termination of a marriage relationship between two spouses. In Nepal, divorce is governed by the Muluki Civil Code 2074, which provides the provisions and procedures for divorce in Chapter Three. There are two types of divorce in Nepal: divorce by mutual consent and divorce by court order.

Divorce by mutual consent

Divorce by mutual consent means that both the husband and wife agree to end their marriage voluntarily and amicably. They can file a joint petition at the district court, stating their reasons and terms for divorce, such as the division of property, the custody and support of children, and the alimony. The court will review the petition and the supporting documents, and if satisfied, will grant the divorce. The advantages of divorce by mutual consent are:

• It is fast and easy. The divorce process can be completed in two working days.
• It is low cost. The couples do not need to hire a lawyer or pay for court fees.
• It is less stressful. The couples do not have to go through a long and bitter legal battle.

The disadvantages of divorce by mutual consent are:

• It requires cooperation and compromise from both parties. The couples have to agree on all the issues related to their divorce.
• It may result in unfair outcomes. The couples may not be aware of their legal rights and obligations or may be pressured or manipulated by the other party.

Divorce by court order

Divorce by court order means that one party files a lawsuit against the other party, seeking to end their marriage on certain grounds. The grounds for divorce vary depending on whether the petitioner is the husband or the wife. In this article, we will focus on the conditions for husband to file divorce in Nepal.

Grounds for Husband to File Divorce
According to Section 94 of the Muluki Civil Code 2074, the husband can file for divorce if:

• The wife is living separately for consecutive three years or more without his consent.
• The wife deprives him of maintenance costs or expels him from the house.
• The wife commits an act or conspiracy that results in grievous hurt or other severe physical or mental pain to him.
• The wife is proven to have made a sexual relationship with another person.

These grounds are based on the assumption that the wife has breached her marital duties and obligations towards her husband, and has caused him harm or distress. The husband has to prove these grounds with sufficient evidence before the court.

Procedure for a husband to file for divorce

The procedure for a husband to file a divorce by court order involves the following steps:

• The husband files a petition at the district court, stating the grounds and evidence for divorce.
• The court issues a notice to the wife, who has to submit a written reply.
• The court conducts a mediation between the parties, trying to resolve their dispute amicably.
• If the mediation fails, the court proceeds with the trial, hearing both parties and their witnesses.
• The court delivers its judgment, granting or rejecting the divorce, and deciding on the issues of property, children, and alimony.

The advantages of divorce by court order are:

• It protects the rights and interests of the aggrieved party. The husband can seek justice and relief from the court based on his situation.
• It ensures a fair and impartial outcome. The court will consider all the facts and evidence, and apply the law accordingly.

The disadvantages of divorce by court order are:

• It is time-consuming and complex. The divorce process can take months or years, depending on the case and the court's workload.
• It is expensive and stressful. The husband has to hire a lawyer, pay court fees, and endure emotional and mental strain.

Conclusion
Divorce is the legal termination of a marriage relationship between two spouses. In Nepal, there are two types of divorce: divorce by mutual consent and divorce by court order. In this article, we have discussed the conditions for a husband to file a divorce in Nepal by court order. The husband can file for divorce if he can prove that his wife has breached her marital duties and obligations towards him, and has caused him harm or distress. The husband has to follow a certain procedure before the court, which has its advantages and disadvantages.