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Divorce is the legal basis for separation between husband and wife without liability. In ancient times, it was called parpachuke, divorce paper, and it is called divorce in a sophisticated way. It is called Divorce in English, but the word Divorce is more common in Nepal. The social, mental, and physical condition of the husband or wife can be avoided during the divorce.
Legal provisions related to divorce in the Civil Code 2074
Husband may effect divorce:
(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with the law, if the wife has been living separately for three or more consecutive years, without the consent of the husband,
(b) If the wife deprives the husband of maintenance costs or expels him from the house,
(c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,
(d) If the wife is proved to have made sexual relations with another person.
Wife may effect divorce:
(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with the law, if 54 the husband has been living separately for three years or more consecutively, without consent of the wife,
(b) If the husband deprives the wife of 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,
(f) If the husband is proved to have raped the wife.
Rights Over Share Property
(1) If divorce is to be effected because of the husband, the concerned court shall, if the wife so demands, cause the partition to be effected between the husband and wife before effecting divorce.
(2) If a petition is filed by the wife for divorce on the ground referred to in clauses (b), (c), (d), (e) or (f) of Section 95, divorce is deemed to be effected because of the husband, for the purposes of subsection (1).
(3) If a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce.
(4) If the husband himself has not obtained partition from his father or other coparceners, the court shall, by causing both the parties to disclose the coparceners, and if there are other coparceners who are entitled to partition, by inquiring such coparceners as well, cause the partition to be apportioned between the husband and wife.
Can give a lump sum or payment of expenses:
Can pay for food expenses
What will happen to the minor child?
If the husband and wife, who get separated in accordance with the law, have a minor, the maintenance, education, and health care of such a minor shall be according to the agreement concluded, if any, between the husband and wife in that respect, and in the absence of such an agreement, it shall be as follows:
(a) In the case of a minor below five years of age, the minor shall be under the mother's custody,
(b) In the case of a minor who is of five years of age or above five but below ten years of age, the minor shall be under the father’s custody,
(c) In case of a minor having attained ten years of age, the minor shall be under the mother’s or the father’s custody, with whom the minor desires to live.
Divorce cases can be registered in the district court where the husband or wife has their permanent address. Also, a case can be registered in the district court where the temporary residence is located.