Divorce in Nepal

Divorce

Divorce is the legal dissolution of the marriage relationship between the spouses. The National Civil Code, 2017, paragraph 6 contains divorce-related guidelines. Clause 93 of the 2017 National Civil Code states that if they wish to do so, they may do so.

If one of the parties does not want to start the divorce process, the divorce may be granted on the following grounds:

1. Mutual consent divorce
2. Divorce by judicial decree

If they intend to do so, both parties may file for divorce in 2017 under clause 93 of the National Civil Code. A person can end a marriage by filing for divorce on the grounds of fault or no-fault in mutual consent. With mutual consent, the divorce process can begin after taking ancestral property or a lump-sum payment.

Divorce by mutual consent

Both spouses agree to end their marriage and submit a joint petition to the relevant district court. The court will review the petition and the supporting documents, such as the marriage certificate, the citizenship certificate, the property details, the child custody agreement, etc., and grant the divorce if it deems it reasonable. Divorce by mutual consent is the fastest and easiest way to get a divorce in Nepal, as it can be concluded in two working days.

Divorce by judicial decree

The husband or wife may initiate Divorce Process in Nepal even without the consent of the respective spouse in any of the following circumstances

Grounds of Divorce for Husband

 (a)  Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the wife has been living separately for three or more consecutive years, without consent of the husband;

(b)  If the wife deprives the husband for the maintenance costs or expels him from the house;

(c)  If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband; or

(d)  If the wife is proved to have made sexual relation with another person

Grounds of Divorce for Wife

(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife;

b)  If the husband deprives the wife for the maintenance costs or expels her from home;

(c)  If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife;

(d)  If the husband concludes another marriage;

(e)  If the husband is proved to have made sexual intercourse with another woman; or

(f)  If the husband is with evidence to have raped the wife or conspiracy likely to have raped the Wife.

Divorce by Mutual Consent is possible but difficult to bring into Action in Nepal according to the Civil Code 2074. 

Required Documents

1. Certificate of Citizenship
2. If residing in another place and want to file a divorce from such temporary place, a recommendation letter/temporary certificate from such concerned ward office
3. 2 pp size photos
4. Details of the property and property to be claimed
5. Court fee
6. Marriage Certificate
7. Other evidence of marriage like marriage photos if there is no marriage certificate
8. Birth/citizenship Certificate of the child if you have any.

Procedures for divorce in Nepal

• Filing a petition in the concerned district court is the first step in the divorce process. Either the husband or the wife can approach the court and file a Divorce Petition.
• After that, the summons or notice is sent to another party i.e. defendant through the court about the petition filed.

Ways of providing summons

• The plaintiff or the spouse who has filed for divorce can deliver the summons to the opposing spouse
•  
• The applicant’s representative lawyer can deliver the summons to the opposing spouse
•  
• The court can deliver the summons to the opposing spouse; the summons can be delivered via email
•  
• The summons can be delivered via national dailies (Gorkhapatra).
•  
• The court gives the respondent 21 days to respond to the summons after the plaintiff files the petition. The respondent responds to the petition, stating whether it agrees or disagrees with the claim, and may vigorously defend its claim and present its argument to the court during the court’s appearance. This is referred to as the petition response.

(Note: The period can be extended for 15 days if the opposition fails to file a counter-argument within 21 days of receiving the summons.)

• Once both parties have expressed their demands and opinions through the petition and the reply, the trial starts where the court hears both parties along with their evidence and facts.
•  
• Mediation is to be made between husband and wife by the court in order to reconcile and convince both husband and wife to save their marriage.
•  
• If mediation is not possible, the court will step into further proceedings.
•  
• While filing for divorce, the spouse (wife) may file a petition for a temporary maintenance and support order. The temporary order addresses child custody, child support, and spousal support/maintenance.
•  
• The court will calculate the amount of assistance based on the respondent’s financial situation and issue an order granting an interim order.
•  
• If the spouses are unable to reach an agreement, the court divides the property and allocates it to the parties on an equitable basis after reviewing the documents submitted.
•  
• If the Court fails to make conciliation between the husband and wife even after reminding and convincing them and deems appropriate to get the relationship divorced rather than to continue it any longer, the Court shall effect divorce between them.
•  
• Decision of divorce must be recorded and marriage registration certificate must be cancelled from the concerned Ward Office.