How the Civil Code 2074 (2017) reformed divorce and family law in Nepal

Divorce and family law are the legal aspects that govern the formation, dissolution, and consequences of marriage and family relationships. Divorce and family law can affect various issues such as grounds for divorce, alimony, child custody, child support, property division, debt allocation, inheritance, adoption, etc. Divorce and family law can have significant impacts on the rights and interests of both spouses and their children.

In Nepal, divorce and family law were regulated by various laws such as the Muluki Ain 2020 (1963), the Marriage Registration Act 2031 (1974), the Children's Act 2048 (1992), etc. These laws were outdated, inconsistent, and discriminatory in many aspects. They did not reflect the changing social realities and needs of the people. They also did not comply with the international human rights standards and obligations of Nepal.

Therefore, in 2017, Nepal enacted a new law called the Civil Code 2074 (2017), which replaced the previous laws and introduced some major changes and reforms in divorce and family law. The Civil Code 2074 came into effect on August 17, 2017. The Civil Code 2074 has aimed to make divorce and family law more progressive, gender-sensitive, child-friendly, and justice-oriented. The Civil Code 2074 has also aimed to balance the interests of both spouses and their children while also considering the welfare of society.

Impacts of the Civil Code 2074 on Divorce and Family Law

• It has increased the grounds for divorce for both the husband and the wife.
• It has reduced the grounds for divorce for men.
• It has recognized the right of both spouses to claim alimony, child custody, child support, property division, and debt allocation from each other after divorce.
• It has criminalized polygamy and adultery and made them punishable by law.
• It has simplified the procedure for divorce by mutual consent.
• It has introduced new provisions regarding children's rights and welfare after divorce.

The new Civil Code 2074 has brought some significant changes and reforms in divorce and family law in Nepal. The new law has aimed to make divorce and family law more progressive, gender-sensitive, child-friendly, and justice-oriented. The new law has also aimed to balance the interests of both spouses and their children while also considering the welfare of society. However, the implementation and enforcement of the new law may face some challenges such as lack of awareness, social stigma, legal hurdles, economic hardship, etc. Therefore, it is important to raise awareness, provide legal aid, ensure access to justice, and promote social change for making divorce and family law more effective and beneficial in Nepal.