Divorce In Nepal: Everything You Need to Know

Divorce is a legal process by which a married couple can legally end their marriage. In Nepal, the divorce process is governed by the Marriage Registration Act, 2028 (1971). While divorce is not encouraged in Nepalese society, it is becoming more common, particularly in urban areas. In this article, we will take a closer look at the process of divorce in Nepal, including grounds for divorce, procedures, and legal requirements.

Grounds for Divorce in Nepal

There are several grounds on which a person can file for divorce in Nepal. These grounds are categorized under different sections of the Marriage Registration Act, 2028. Some of the common grounds for divorce in Nepal include:

• Adultery: If one spouse commits adultery, the other spouse can file for divorce.

• Desertion: If one spouse abandons the other for a continuous period of at least two years without any reasonable excuse, the abandoned spouse can file for divorce.

• Cruelty: If one spouse is cruel to the other spouse, either physically or mentally, the affected spouse can file for divorce.

• Mental illness: If one spouse suffers from a severe mental illness that makes it impossible for the other spouse to continue the marriage, the affected spouse can file for divorce.

• Impotency: If one spouse is unable to consummate the marriage, the other spouse can file for divorce.

• Separation: If the spouses have been living separately for at least three years, either spouse can file for divorce.

• Irretrievable breakdown of marriage: If the marriage has irretrievably broken down, and there is no possibility of reconciliation, either spouse can file for divorce.

Divorce Procedures in Nepal

The divorce process in Nepal involves several steps, which may vary depending on the circumstances of the case. The steps involved in the divorce process in Nepal are:

• Consultation with a Lawyer: Before filing for divorce, it is advisable to consult with a lawyer who specializes in family law. The lawyer can provide advice on the legal options available and guide the spouse through the divorce process.

• Filing of a Divorce Petition: The spouse seeking divorce must file a divorce petition in the District Court where either spouse resides or last resided together.

• Mediation: After the petition is filed, the court may refer the case to a mediator who will try to reconcile the spouses and settle the dispute amicably. If the mediation is successful, the spouses can withdraw the divorce petition.

• Trial: If mediation fails, the court will set a trial date to hear the case. Both spouses must attend the trial along with their respective lawyers. During the trial, the court will hear the evidence and make a decision on the divorce.

• Issuance of Divorce Decree: If the court finds that the grounds for divorce have been met, it will issue a divorce decree that legally ends the marriage.

Legal Requirements for Divorce in Nepal

To file for divorce in Nepal, certain legal requirements must be met. These requirements include:

• Marriage Certificate: A copy of the marriage certificate must be submitted with the divorce petition.

• Separation: If the spouses have been living separately for at least three years, either spouse can file for divorce.

• Grounds for Divorce: The divorce petition must state the grounds on which the divorce is being sought.

• Jurisdiction: The divorce petition must be filed in the District Court where either spouse resides or last resided together.

Conclusion

In conclusion, divorce is a sensitive and complex issue that can have significant legal, emotional, and financial implications for those involved. In Nepal, the legal process for divorce is outlined in the Civil Code 2074, which provides different grounds for filing a lawsuit and outlines the procedures for divorce by mutual consent. While the process of divorce can be difficult, it is important for individuals to understand their legal rights and obligations when it comes to marriage dissolution. Seeking the assistance of legal experts can also help in navigating the divorce process and ensuring a fair and just outcome for all parties involved. Ultimately, divorce is a personal decision that should be carefully considered and weighed in light of individual circumstances and priorities.