Divorce in Nepal: A Women's Perspective

The challenges and opportunities for women's rights in divorce proceedings in Nepal

Divorce is the legal termination of marriage between a husband and a wife. Divorce can have various legal, social, and emotional implications for both parties, especially for women in Nepal. In this article, we will explore the challenges and opportunities for women's rights in divorce proceedings in Nepal.

According to the Civil Code 2074 (2017), which is the new law governing divorce in Nepal, there are two ways to obtain a divorce: by mutual consent or by filing a case in the district court. The Civil Code 2074 provides different grounds for divorce for both the husband and the wife, such as living separately for three or more consecutive years without consent, depriving the other spouse of maintenance costs or expelling him or her from the house, committing an act or fraud likely to cause death or grievous hurt or other severe physical or mental pain to the other spouse, having sexual intercourse with another person, marrying another person, or raping the other spouse.

The challenges for women's rights in divorce proceedings in Nepal are:

• Social stigma: While there is an equal right of men and women to divorce in Nepal, there remains a great social stigma attached to being divorced – particularly for women. Many women are so terrified of being ostracized from their communities if they get a divorce that they will endure years of abuse instead. Divorced women are often discriminated against and marginalized in society. They may face difficulties in finding employment, housing, education, health care, and remarriage. They may also lose their social status and identity as a wife and a mother.
• Legal hurdles: Divorce cases in Nepal can be lengthy and expensive. It typically takes many months to get a divorce case through court if the woman makes any kind of property or custody claims. The court has to examine the evidence and arguments presented by both parties and determine whether there are sufficient grounds for divorce. The court also has to decide on issues such as alimony, child custody, child support, property division, and debt allocation based on various factors such as income, assets, liabilities, needs, age, health, education, occupation, contribution to marriage, fault, etc. The legal system in Nepal is often biased against women and favors men. Women may face challenges in accessing legal aid, representation, and justice. They may also face harassment and intimidation from their husbands and their families during the legal process.
• Economic hardship: Divorce can have a negative impact on the economic situation of women in Nepal. Many women are dependent on their husbands for their livelihood and have no source of income or assets of their own. They may lose their share of property or receive inadequate alimony or child support from their husbands after divorce. They may also have to bear the cost of raising their children alone. They may face poverty and vulnerability as a result of divorce.

The opportunities for women's rights in divorce proceedings in Nepal are:

• Legal empowerment: Divorce can provide an opportunity for women to exercise their legal rights and seek justice from their abusive or unfaithful husbands. The Civil Code 2074 has made some progressive changes in the law regarding divorce in Nepal. For example, it has increased the grounds for divorce for women and reduced the grounds for divorce for men. It has also recognized the right of women to claim alimony, child custody, child support, property division, and debt allocation from their husbands after divorce. It has also criminalized polygamy and adultery and made them punishable by law. These legal provisions can empower women to challenge the patriarchal norms and practices that oppress them in marriage and seek relief from the court.
• Social liberation: Divorce can also provide an opportunity for women to liberate themselves from the oppressive and violent marital relationships that harm their physical and mental well-being. Divorce can enable women to escape from the cycle of abuse and trauma that they suffer at the hands of their husbands. Divorce can also allow women to reclaim their autonomy and dignity as human beings. Divorce can also open up new possibilities for women to pursue their education, career, hobbies, interests, and aspirations that they may have sacrificed or compromised due to marriage.
• Support networks: Divorce can also provide an opportunity for women to access support networks that can help them cope with the challenges and difficulties that they face after divorce. There are various organizations and groups that provide assistance and services to divorced women in Nepal. For example, The Women's Foundation Nepal is a non-governmental organization that provides shelter home, legal assistance, psychological counseling, micro-credits, organic farm, training center of agriculture, sponsorships & scholarships, training programs, health activities to divorced women3. There are also other NGOs, INGOs, CBOs, FBOs that work for the welfare and empowerment of divorced women in Nepal. Divorced women can also seek support from their family, friends, relatives, neighbors, and community members who can provide them with emotional, financial, and moral support.

In conclusion, divorce is a complex and challenging process that can have both negative and positive impacts on the rights and interests of women in Nepal. Divorced women face various obstacles and difficulties in terms of social stigma, legal hurdles, and economic hardship. However, divorced women also have opportunities to exercise their legal rights, liberate themselves from abusive relationships, and access support networks that can help them rebuild their lives. Divorce is not only a legal matter but also a social and emotional one that requires sensitivity and professionalism from lawyers and courts. Divorce is also a matter of choice and agency that should be respected and supported by society.