What You Need to Know About the New Divorce Law in Nepal (2074)

Divorce is the legal end of marriage. In Nepal, divorce is governed by the Muluki Civil Code 2074, which came into effect on 17 August 2017 (2074). The new divorce law has introduced some changes and improvements to the previous legal provisions of Nepal regarding divorce.

Divorce used to be informal in ancient times. The wife could simply leave her husband's house with her dowry and get divorced. There was no need to go to court like now. The formal legal process of divorce was started by Jung Bahadur in 1910 BS. At that time, only the wife could file for divorce. The new divorce law has opened the door for the husband to file for divorce as well.

The new divorce law has added ten new things to the existing legal provisions of Nepal regarding divorce. They are:

Basis for Divorce

The new Civil Code 2017 has added some new basis for divorce. In the past, the wife could file for divorce if the husband remarried. However, according to the new law of divorce, polygamy, which is the practice of having more than one spouse, is not legally recognized. Therefore, the second marriage is not valid and is automatically dissolved. Likewise, before, if one of the spouses forced the other spouse out of the home, it was not considered as a basis for divorce. But with the new law of divorce, the situation has changed. If one of the spouses forces the other spouse out of the home, it can be a basis for divorce. The husband can also pretend that he has been forced out of the home by his wife and file for divorce in court.

Husband can file for divorce

In the institution of marriage, we assume that only the husband can cause domestic violence. But this is not true. Many husbands also suffer from domestic violence by their wives. But there were no legal provisions for the husband to file for divorce on this ground. However, with the new law of divorce that came into effect on 17 August 2017, if it is proven that the wife has caused domestic violence to the husband, then the husband can file for divorce.

No property share for wife in case of her fault

Before the new law of divorce, the wife used to get a property share regardless of the circumstances of the divorce. But with the new law of divorce, there are certain conditions under which even the wife cannot get a property share from her husband. However, there is a misconception among Nepali people that now the wife will not get a property share after divorce. But this is not true. There are conditions such as if the wife has physically and mentally tortured the husband, if the wife has forced the husband out of the home if the wife has engaged in an extramarital affair or adultery, then the wife cannot get a property share. But if she has been living separately from her husband for three or more consecutive years, then she can get a property share after divorce.

Cooling-off period

The previous law of divorce stated that when the husband filed for divorce in the municipality, then the municipality gave one year for reconciliation. However, when the wife filed for divorce, she did not have to wait for one year to cool off their disputes and conflicts.

But after the new law of divorce came into effect on 17 August 2017, if both husband and wife file for divorce in court and there is no possibility of reconciliation and certain disputes and conflicts still exist, then the court will order one year. During this one year, the court will not take any divorce decision but will give another chance for the husband and wife to compromise and resolve their disputes. This one year is called a cooling-off period. The concept of a cooling-off period in divorce came into existence on 17 August 2017.

Mandatory reconciliation

According to the previous law, it was not mandatory to send the husband and wife for reconciliation. However, after the new law of divorce came into effect, it became mandatory for the judge to send them for reconciliation.

Interim order for maintenance cost

With the new law of divorce that came into effect on 17 August 2017, until finalization of their case in court, if they are living separately from each other then they have the right to seek maintenance costs from each other according to their income level. If they apply in court saying that they need maintenance costs for their livelihood until finalization of their case in court then the court will place an interim order for the provision of maintenance costs. The court will calculate the monthly income of both spouses and then order one spouse to pay monthly maintenance costs to the other spouse.

Fast completion of the process

According to the previous law, if one of the spouses filed for divorce in court, then the summons or notice had to be sent to the other spouse which used to take a long time. But after the new law of divorce came into effect, if one spouse files for divorce, then the applicant can send the summons or notice to the other spouse. This way, the process of divorce does not take a long time.

Conclusion

The new law of divorce has given more rights to both husband and wife and has made the divorce process simpler and less complicated. The new law of divorce of Nepal has also recognized the right of a husband to file for divorce, understanding that the husband can also be a victim of domestic violence.