What is the rule of divorce in Nepal?

Divorce is the legal termination of a marriage relationship between two spouses. In Nepal, divorce is governed by the Muluki Civil Code 2074, which provides the provisions and procedures for divorce in Chapter Three. There are two types of divorce in Nepal: Divorce by Mutual Consent and Divorce by Court Order.

Divorce by mutual consent

Divorce by mutual consent means that both the husband and wife agree to end their marriage voluntarily and amicably. They can file a joint petition at the district court, stating their reasons and terms for divorce, such as the division of property, the custody and support of children, and the alimony. The court will review the petition and the supporting documents, and if satisfied, will grant the divorce.
The advantages of divorce by mutual consent are:

• It is fast and easy. The divorce process can be completed in two working days.
• It is low cost. The couples do not need to hire a lawyer or pay for court fees.
• It is less stressful. The couples do not have to go through a long and bitter legal battle.

The disadvantages of divorce by mutual consent are:

• It requires cooperation and compromise from both parties. The couples have to agree on all the issues related to their divorce.
• It may result in unfair outcomes. The couples may not be aware of their legal rights and obligations or may be pressured or manipulated by the other party.

Divorce by court order

Divorce by court order means that one party files a lawsuit against the other party, seeking to end their marriage on certain grounds. The grounds for divorce vary depending on whether the petitioner is the husband or the wife. The husband can file for divorce if:

• The wife is living separately for consecutive three years or more without his consent.
• The wife deprives him of maintenance costs or expels him from the house.
• The wife commits an act or conspiracy that results in grievous hurt or other severe physical or mental pain to him.
• The wife is proven to have had a sexual relationship with another person.

The wife can file for divorce if:

• The husband has been living separately for consecutive three years or more without her consent.
• The husband deprives her of maintenance costs and expels her from the house.
• The husband commits an act or conspiracy that results in grievous hurt or other severe physical or mental pain to her.
• The husband concludes another marriage.
• The husband is proven to have had a sexual relationship with another person.
• The husband is proven to have raped her.

The procedure for divorce by court order involves the following steps:

• The petitioner files a petition at the district court, stating the grounds and evidence for divorce.
• The court issues a notice to the respondent, who has to submit a written reply.
• The court conducts a mediation between the parties, trying to resolve their dispute amicably.
• If the mediation fails, the court proceeds with the trial, hearing both parties and their witnesses.
• The court delivers its judgment, granting or rejecting the divorce, and deciding on the issues of property, children and alimony.

The advantages of divorce by court order are:

• It protects the rights and interests of the aggrieved party. The petitioner can seek justice and relief from the court based on their situation.
• It ensures a fair and impartial outcome. The court will consider all the facts and evidence, and apply the law accordingly.

The disadvantages of divorce by court order are:

• It is time-consuming and complex. The divorce process can take months or years, depending on the case and the court's workload.
• It is expensive and stressful. The parties have to hire lawyers, pay court fees, and endure emotional and mental strain.

Custody of children after divorce

The custody of children after divorce depends on the best interest of the child and the court's discretion3. The court will consider various factors, such as:

• The age, sex, health, and personality of the child.
• The wishes of the child, if they are mature enough to express them.
• The relationship between the child and each parent.
• The ability of each parent to provide for the child's physical, emotional, educational, and social needs.
• The stability and security of the child.
• The moral character and conduct of each parent.
• The preference of the child, if they are mature enough to express it.

The court may grant the custody of the child to either parent or to a third party such as a relative or an institution, depending on the circumstances. The court may also order the non-custodial parent to pay child support and visitation rights to the custodial parent.

Consequences of Divorce in Nepal

Divorce in Nepal has various consequences for the parties involved, such as:

• The dissolution of the marriage bond and the legal status of being single
• The division of property and assets between the spouses, according to their contribution and needs
• The payment of alimony or maintenance by one spouse to another, if ordered by the court
• The impact on the emotional and psychological well-being of the spouses and their children
• The social stigma and discrimination faced by divorced people, especially women, in Nepalese society

Divorce in Nepal is a complex and sensitive issue that requires legal guidance and support. If you are considering a divorce or facing a divorce case, you should consult a lawyer who can advise you on your rights and obligations, and represent you in the court proceedings. You should also seek counseling and therapy to cope with the stress and trauma of divorce and to rebuild your life after divorce.

Conclusion

Divorce is the legal termination of a marriage relationship between two spouses. In Nepal, divorce is governed by the Muluki Civil Code 2074, which provides the provisions and procedures for divorce in Chapter Three. There are two types of divorce in Nepal: divorce by mutual consent and divorce by court order. The custody of children after divorce depends on the best interest of the child and the court's discretion. Divorce in Nepal has various consequences for the parties involved, such as the dissolution of the marriage bond, the division of property and assets, the payment of alimony or maintenance, and the impact on the emotional and psychological well-being of the spouses and their children. Divorce in Nepal is a complex and sensitive issue that requires legal guidance and support.