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Divorce Law System in Nepal: All You Need to Know
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General Information
This article will explain the divorce law system in Nepal.
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Jurisdiction and governing law: In Nepal, district courts have jurisdiction over cases of divorce, and the Civil Code 2017 is the governing law for divorce.
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Conditions for filing a lawsuit: Either the husband or wife can initiate a divorce case at the district court. There are specific conditions listed in sections 94 and 95 of the Civil Code 2017 that must be met for either party to file a case. These conditions relate to issues such as living separately for three or more years, depriving the other party of maintenance costs, committing acts that cause physical or mental pain, and engaging in sexual relationships outside of the marriage.
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Procedure for divorce: If the conditions for filing a lawsuit are met, the party seeking divorce must file a petition with the district court. The other party will then be issued a notice, and a written reply must be submitted. If mediation is unsuccessful, the court will render its decision.
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Custody of children: When a divorce case reaches the court, the issue of child custody will be addressed. The court considers the best interests of the child, the economic conditions of the parents, the age of the child, and the child's preference. Section 115 of the Civil Code 2017 provides specific provisions for child custody. In general, children under five years old remain under the custody of the mother, and children over five years old also remain with the mother unless she has remarried. In other circumstances, the child remains with the father. However, there may be separate agreements made between the parties regarding custody.
Overall, the divorce law system in Nepal is governed by the Civil Code 2017, with district courts having jurisdiction over divorce cases. The law provides specific conditions for filing a lawsuit and procedures for reaching a decision. Child custody is also addressed, with the court taking into account several factors to determine the best interests of the child.
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