Divorce by Wife

Marriage is considered a sacred institution in Nepal, but unfortunately, not all marriages work out. Divorce is a legal process that dissolves the bond between husband and wife, and it can be initiated by either spouse. In this article, we will focus on the legal process of divorce by wife in Nepal, including the rights and procedures involved.

Grounds for Divorce

In Nepal, there are various reasons that can lead to divorce, including infidelity, financial insecurities, sexual dissatisfaction, preference for male children, dowry, violence by either side, alcohol abuse, and many more. However, it is important to note that divorce cannot be granted on any grounds, and the reason must be recognized by the law. The Marriage Registration Act, 2028 (1971) and the Muluki Ain (Nepalese Civil Code) are the two main laws that govern marriage and divorce in Nepal.

According to the Muluki Ain, a wife can file for divorce under the following grounds:

• If the husband has deserted her for at least three years
• If the husband has been sentenced to imprisonment for at least three years
• If the husband has engaged in cruel or inhuman treatment towards her
• If the husband has been impotent since before or after the marriage
• If the husband has a communicable disease that is hazardous to her health
• If the husband has an incurable mental illness
• If the husband has committed adultery

It is important to note that the grounds for divorce may vary depending on the specific circumstances of the case, and it is best to consult with a qualified divorce lawyer to assess your case and advise you on the best course of action.

Legal Procedures

The legal process of divorce by wife in Nepal involves several steps, including filing a petition, attending mediation, and appearing in court. Here are the steps involved in the process:

• Filing a Petition: The first step in filing for divorce is to prepare a petition. The petition must state the grounds for divorce and include all relevant details such as the date of marriage, the names and ages of children, and any other relevant information. The petition must be filed at the District Court where the couple last resided.

• Mediation: After filing the petition, the court will attempt to reconcile the couple through mediation. Mediation is a process where a neutral third party helps the couple to resolve their differences and reach an agreement on issues such as child custody and division of property. If the couple is unable to reach an agreement, the case will proceed to court.

• Court Proceedings: If mediation fails, the case will proceed to court. Both parties will be required to appear in court, and the court will hear arguments from both sides before making a decision. The court will consider various factors, including the best interests of the children, before making a decision on issues such as child custody, alimony, and division of property.

Rights of the Wife

In a divorce proceeding, the wife has certain legal rights, including:

• Right to Alimony: The wife has the right to seek alimony from her husband. Alimony is a form of financial support provided by the husband to the wife after divorce.

• Right to Child Custody: The wife also has the right to seek custody of the children. The court will consider various factors, including the best interests of the children, before making a decision on child custody.

• Right to Property: The wife has the right to seek a share of the marital property, including assets and liabilities acquired during the marriage.

Conclusion

In conclusion, divorce is a complex issue that requires careful consideration, especially when children are involved. While divorce rates have been increasing in Nepal, it is important to approach the process with caution and seek the assistance of legal professionals. When it comes to child custody, the court will make decisions based on the best interests of the child, taking into account various factors such as the financial capabilities and mental state of the parents. Ultimately, the goal is to ensure that the child's well-being is prioritized and that both parents play an active role in their upbringing. It is also important to note that divorce by wife is not uncommon in Nepal, and women should have access to the necessary legal resources and support to navigate the process successfully.