Divorce Procedure in Nepal: Everything You Need to Know

Divorce is a complex and emotional process that can be stressful for both parties involved. In Nepal, getting a divorce can be a long and costly process if it is contested. Even if a couple mutually agrees to a divorce, they must still prove that they have been separated for three consecutive years before the courts consider their plea.

There are two types of divorce petitions that a couple can file in Nepal. The first is a mutual consent divorce, which is a simple way of legally dissolving a marriage. The important requirement for this type of divorce is the mutual consent of both the husband and wife. There are two aspects that must be agreed upon: alimony or maintenance issues, and child custody. The duration of a divorce by mutual consent varies from three days to 12 months, depending on the decision of the court.

The second type of divorce is a contested divorce, which can be filed by either spouse without the consent of the other. In a contested divorce, there are specific grounds on which the petition can be made. For example, a husband can get a divorce if his wife stays separate from him for more than three years without his permission, if his wife does not allow him to subsist or throws him out of their home, if his wife plans or acts to inflict physical or mental suffering on him, if his wife has a sexual relationship with someone other than him, or if other specific conditions are met. Similarly, a wife can get a divorce if her husband stays separate from her for more than three years without her permission, if her husband does not allow her to subsist or throws her out of their home, if her husband plans or acts to inflict physical or mental suffering on her, if her husband gets married to another woman, if her husband has a sexual relationship with someone other than her, or if it is proven that her husband has raped her.

There are several grounds for divorce in Nepal, including adultery, cruelty, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, and not heard alive. If a person is not seen or heard alive by those who are expected to be 'naturally heard' of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should file for divorce if they are interested in remarriage.

The step-by-step procedure for filing for a divorce in Nepal involves filing a divorce petition in the concerned district court through a competent lawyer, serving the summons to the contesting parties, filing a response to the divorce petition, and attending the trial where both parties present their evidence and witnesses. The court may issue temporary orders during this process.

In conclusion, getting a divorce in Nepal can be a lengthy and complicated process, especially if it is contested. Couples should seek legal advice and counseling before making any decisions. It is also important to note that divorce should be the last resort, and every effort should be made to save the marriage.