Q & A on Divorce Laws in Nepal

What is Divorce?

In a general sense, divorce is the termination of marriage by a legal action. In the context of Nepal, divorce is a separation of legal or social bond between a husband and wife owing to Section 67 of the Civil Code of Nepal, 2074.

Relevant Divorce Laws in Nepal

Divorce-related provisions are guided by the National Civil Code of Nepal, 2074 within sections 93-104.

You Are Happily Married but You Find Out That Your Partner is Infected with HIV AIDS?

Nepalese law allows a ground for divorce if your partner is in contact with incurable diseases.

My Wife Has Been Living Separately for Four Consecutive Years, Without My Consent. Can I File a Divorce?

You can effect a divorce in the Court of law without the wife’s consent as enshrined in section 94(a) of the Civil Code of Nepal. Further, if your wife inflicts or causes to inflict any physical or mental pain on you, a case can be filed before the Court.

Recently, a judgment has been made on this issue by the bench of Justice Sapana Pradhan Malla and Justice Sapana Pradhan Malla in the case of Kiran Rana v. Puran Shumsher J.B.R (Case No./Writ No. CR-0726).

Can a Wife File for Divorce if Her Husband Enters into Another Marriage?

The Civil Code of Nepal, 2074 mandates a wife to file a divorce if the husband concludes another marriage. Polygamy is strictly prohibited in Nepal and is deemed a criminal offense. Section 175 Subsections (1) & (2) of the National Criminal Code of Nepal, 2074 bars both husband and wife from entering into another marriage during the existence of matrimonial relationship.

What is the Role of Mediation/Conciliation for Divorce in Nepal?

Mediation/Conciliation are alternative dispute resolution methods completely different from traditional dispute settlement processes. Nepalese Courts are found to have practiced the concept of Mediation and Conciliation in Nepal. Before initiating the legal proceedings for divorce, the Court sets the discussion between the couple and tries to reconcile them. If the couple comes to terms then the Court dismisses the case.

Section 68 of the Civil Code of Nepal accepts marriage as a social bond and the same creates a family lineage which in the Nepalese context is considered inseparable. In that regard, the mediation/conciliation process allows the couple to sit together and discuss the conflicting issues so that the bond remains unhinged.

What Happens if the Court Fails to Convince a Couple to Maintain the Social Bond?

Under Section 98 of the Civil Code of Nepal 2074, if the Court fails to make conciliation between the couple then the Court shall effect a divorce between them.

Can the Wife Claim for a Property Registered in the Husband's Name During a Divorce?

Yes, a wife can claim a property registered in the husband's name. The wife will be entitled to her share of the property after partition. All the proceedings for partition and entitlement of the property shall be initiated by the decision of the court, provided that the property must be partitioned between the husband and wife before effecting a divorce.

Note: The provision is applicable for both husband and wife as per section 99 of the Civil Code of Nepal.

My Husband Himself Has Not Obtained Partition from His Father or Other Coparceners, What Do I Have to Do to Claim for Property?

If the case is ongoing in the Court of Law, the Court necessitates the party to disclose the coparceners (if any). Upon receiving the status of coparceners over the party, the Court will effect the partition between them.

Under What Circumstances a Wife is Entitled to Alimony?

Sometimes the partition process can be lengthy or prolonged for a long time. In that situation, the Court effects the divorce between husband and wife and orders the husband to provide the wife with monthly expenses as alimony. Alimony’s entitlement to the wife is carried out based on the property or income of the husband. Nepalese Law has not prescribed a fixed amount for alimony.

Under these circumstances, a wife can affect divorce without the consent of the husband:

• If a husband has an extramarital affair with another woman.
• If the husband is proven to have raped the wife.
• If the husband inflicts or causes to inflict serious mental or physical pain through an act of conspiracy.

My Husband Has Expelled Me from His Home and Deprived Me of Maintenance Costs, I Am Having Difficulty in Daily Survival, What Can Be Done?

You can file a divorce petition in the Court of Law and effect divorce even without the consent of the husband. You can also claim your share of property entitlement.

Under What Circumstances a Husband is Not Bound to Provide Partition Share or Alimony to His Wife?

Nepalese law has prescribed a few grounds where a husband is not obliged to provide partition share or alimony to his wife. If a wife files a petition based on the grounds provided in section 94(b)(c)(d) of the Civil Code of Nepal, 2074, which are:

• If the wife deprives the husband of maintenance costs or expels him from the house.
• If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband.
• If the wife is proven to have had sexual relations with another person.

What is the Statute of Limitation for Filing Divorce Law in Nepal?

A person aggrieved from any act done or action taken under this chapter can file a petition up to three months after the date of accrual of the cause of action or knowledge of such an act or action.

Divorce Law in Other Jurisdiction

In India: Hindu Marriage Act, 1955 and Divorce Act, 1989.

In the UK: Matrimonial Causes Act, 1973, and Welfare Reform and Pension Act, 1999.