Divorce Lawyer in Nepal

This article deals with the provision of Nepal relating to divorce.

A divorce decree establishes the new relations between the parties, including their duties and obligations relating to property they own, support responsibilities of either or both of them and provisions for any children.

When a marriage breaks, divorce law provides legal solutions for issues that the Husband and Wife cannot resolve through cooperation. Historically, the most important question in a divorce case was whether the court should grant a divorce. When a divorce was granted, the resolution of continuing obligations was simple: The wife was awarded custody of any children, and the husband was required to support the wife and children.

Modern divorce laws have inverted the involvement of courts. The issue of whether a divorce should be granted is now generally decided by one or both of the spouses. Contemporary courts are more involved in determining the legal ramifications of the marriage breakup, such as spousal maintenance, Child Support, and Child Custody.

Although divorce is not mandatory in Nepal, it does happen automatically in the following situations:

The marriage between the husband and wife will instantly end in divorce

• If it was done without their full permission.
• If someone has committed an incestuous marriage that is punishable, the husband and wife's marriage will instantly end in divorce.
• If the wife weds someone else before filing for divorce.

About mutual consent, the phrase "mutual consent" refers to the assent of both husband and wife. The simplest way to get a divorce is this. Additionally, there are no procedural problems or high costs. If both the husband and the wife are in favour of the divorce, it can be finalized in two days.

Divorce matters in Nepal are subject to the jurisdiction of district courts. In Nepal, divorce is governed by the Civil Code of 2017. Major divorce-related provisions can be found in sections 93 to 104 of the chapter on divorce.

A husband or wife may file for divorce at the relevant district court if they so want. If the following conditions are met, as mentioned in section 94 of the 2017 Civil Code, the husband may file the petition:

• If the wife lives apart from the husband without his agreement for three years or longer in a row,
• If the wife refuses to pay the husband's maintenance fees or kicks him out of the house,
• If it is shown that the wife has sexual contact with someone else,
• If the wife engages in conduct that causes the husband great harm or other significant physical or mental suffering.

Similar to the aforementioned part, section 95 of the code outlines the grounds for a wife to initiate a divorce case if certain conditions are met, which are detailed below:

• If the husband deserts the woman and does not know where she is.
• If the husband lives alone for three years in a row without the wife's knowledge.
• If the spouse has a sexual encounter with a lady besides his wife.
• If the wife suffers from the husband's physical and psychological abuse.
• If the husband marries again without the wife's permission
• If the husband engages the woman in sexual activity against her will.

Partition of Property after divorce

After a divorce, the husband and wife in Nepal have an equal right to divide the property. If the husband is unable to obtain a property division from his father, the court will divide the property between the husband and wife after taking other co-parents into account.

• If the husband and wife have a formal agreement outlining the portion of the division or alimony to which the wife is entitled upon divorce, it must be followed.
• If there is no property to divide, the court may order the husband to pay his divorced wife's maintenance costs on his income.
• If the wife's income is sufficient

But there are certain conditions where the husband is not liable to give property to the wife according to Section 99 of the National Civil Code, 2074

• If the wife has a sexual relationship with another man,
• If the wife behaves in a way that causes the husband great suffering, whether it be physical, mental, or emotional, or
• If the wife kicks the husband out of the house.

In a nutshell, the divorce law of Nepal explicitly mentions the ground of divorce and partition of property too.