Husband’s right in Divorce in Nepal
In traditional societies, the husband appeared as the breadwinner and in charge of the domestic chores, which corresponded to the wife. In ancient and patriarchal societies, the husband was the head of the household and had full and exclusive use of parental authority over the wife and children. In modern marriages, both spouses divide household chores, since they are also both, in most cases, those who work in other activities, in addition to domestic ones. Both the father and the mother have authority over the children and also joint responsibilities. Therefore, the husband should also have equal rights as the wife has in cases of divorce. In Nepal, the husband was not given the right to file for divorce. But now the law has changed and therefore husbands have also the right to file for a divorce. The husband also has the right not to give property shares under certain circumstances.
Table of contents
Let’s talk about the husband’s rights in divorce in Nepal
The law of Nepal has changed since the establishment of the new constitution. the constitution and the Civil Code 2017 have given certain rights to the husband which they can exercise at the time of divorce. Such as:
Right to file for divorce
Section 74 of the National Civil Code 2017 has given the right to husband to file for a divorce where he can directly go to the court to file or a divorce. However, there to be certain conditions and circumstances for the husband to file for divorce. Those conditions are:
- If a wife has been living separately after taking the legal share on the property of the husband
- If the wife lives separately for 3 consecutive years or more without the consent of the husband
- If wife forcefully evicts the husband form home depriving him of his right to live peacefully in his own home
- If the wife has caused the physical and mental distress to the husband
- If the wife is involved in adultery and has a physical or sexual relationship with other men
Right to not give the alimony or maintenance allowance to the wife
In normal divorce cases, the husband has to share his property with his wife or he has to pay the alimony or maintenance allowance to his wife monthly or as the lump sum. But in cases where the husband is suffering from physical and mental disability, and cannot earn his living then he doesn’t have to pay for the alimony in accordance to section 89 of National Civil Code 2017,
The children can keep their father’s family name after divorce
After divorce, the wife changes her status to single can change her cast back to her previous cast before marriage. But children can keep the cast of their father even their parents are divorced.
Right for child custody
According to Article 115 of the Civil Code 2017, if the couple had children under 5 years of age, then the mother has the right to keep children with her. But if the children are above 5 years of age, then the father can also claim for the custodial right for the children. If the children are 10 years or above, then children have the right to choose which parent they want to stay. Similarly, if the husband feels that his visitation right has been violated by his wife and feels that his ex-wife is not taking good care of their children after she remarries. Then also husband can file for child custody in the court.
Right over decision making for the future of the children
Section 118 of the National Civil Code Act 2017 has given the right to the husband that he can actively participate in the decision making and rearing of the child. After divorce, the husband has no right whatsoever on his ex-wife. However, he has equal rights as his ex-wife in decision making for the education, health, and financial betterment of his child. Both husband and wife share equal rights over their children and the betterment of their children even after divorce
Right over the whole property
Section 99 of the National Civil Code 2017 has clearly stated that if there is enough evidence of wife infidelity and adultery, then the husband doesn’t have to pay a single penny to his wife. If the husband can produce enough legal and authentic evidences that can prove that his wife has had a sexual relationship with other men. If the husband can prove in the court that he has been tortured physically and mentally by his wife more than once. Then he can clearly file for divorce and don’t have to share his property with his wife.
Husband’s rights in divorce have been fully implemented in Nepal only after the new civil law was enacted in 2017. Earlier, the husband could not file a divorce case directly in the district court. The husband had to file a case with the local body or municipality. The local law body or the municipality will then try to reconcile husband and wife. If the reconciliation doesn’t happen, then only the case is forwarded to the district court. The national Civil Code 2017 also stated that children can keep the cast of their father even after the divorce. And the father can actively participate in the child-rearing and upbringing.
Domestic violence encompasses behaviors used in a relationship by one party, especially to control the other. The people involved can be married or not, be of the same sex or not, live together, separated, or dating. We can all be victims of domestic violence. Victims can be rich or poor, of any age, sex, religion, culture, ethnic group, sexual orientation, education, or marital status. The person commits the crime of domestic violence when he inflicts physical or psychological abuse, once or several times, on a spouse or ex-spouse. The person commits the crime of domestic violence who inflicts physical or psychological abuse, once or several times, on a person who is particularly defenseless due to age, disability, illness, pregnancy, or economic dependence.
In Nepal, most of the cases of domestic violence are practiced against women, in the different forms that are present today. domestic violence can occur in the family environment because of the cultural habits based on patriarchal discourses. In these contexts, of cultural practices and habits built over the countless changes of generations, the social condition of women has always been one of submission and subjugation to men. Many forms of domestic violence against women are a consequence of the lack of understanding of the current female condition, which bears the same rights conferred on men.
However, it doesn’t mean that husband doesn’t suffer from domestic violence. He can also suffer from domestic violence by the hands of his wife or, by the hands of his wife brother and male relative. Section 2 Ka of domestic violence Prevention and control Act 2009 has interpreted domestic violence as physical, psychological, sexual, or economic torture caused by one person to another person.
Who can complain against the domestic violence in Nepal?
The domestic relationship means the relationship that existed between the family members within the home. And the member of the joint family, persons living under the same roof as a member of the family, dependant or the laborer. According to the Domestic Act of Nepal, the following members can complain in the event of domestic violence:
- Father, mother, daughter, daughter in law, mother in law and father in law
- Adopted son and adopted daughter.
- The persons residing with the same family as a worker.
In domestic violence, there must be two people involved who have or have had an intimate relationship. domestic violence can be in any form such as coercion, assault, punishment, intimidation, or revenge in between the intimate relationship.
Types of domestic violence in Nepal
The kinds of abuse covered under the domestic violence Prevention and Control Act 2009 of Nepal are:
- Physical abuse
Physical abuse means an act of causing bodily harm or physical injury. Such abuse can cause temporary or permanent disability to the person on which physical abuse has been conducted. Such abuse can be in any form such as keeping the victim in captivity, causing physical pain, mutilation, or the breaking of body parts such as hands and feet. Physical abuse can be in the form of battery and assault as well.
- Mental abuse
Mental Abuse is a hostile attack on the victim’s thinking, psyche, perception, and being. The longer you are exposed to this violence, the greater the self-doubt arises in the mind of the victim. The person can cause mental abuse in the victim through messages ad behavior that can lead to the victim’s doubts about their own perception and their own minds. It is part of the partner’s strategy to persuade the victim that the trouble and stress are due to him or her. the relationship is in trouble because of the victim. Physical violence is clear, psychological, and mental violence is not, nobody sees the injuries.
Most commonly the women are the ones who suffer from mental abuse. Only a few women are insulted by their partner in public and devalued, trashed, or bullied in front of witnesses. The partner realizes too late that she is a victim of domestic violence. It usually takes years for those affected to understand that much of their suffering is caused by the hostile behavior of people who claim to love them.
- Sexual abuse
The term sexual abuse is used widely to categorize acts of sexual violation in which there is no consent from the other party. This type of violence includes any practice with sexual content that is forced, such as attempted rape, unwanted caresses, and forced oral sex. Sexual abuse can be in the form of sexual misbehavior, humiliation, or any other act that hampers safe sexual health.
- Economic Abuse
Economic abuse can take various forms. Often the victim is not even aware of it and only realizes it when they are at a point where it seems impossible to end the relationship. Economic abuse is the exploitation of income and time. Sometimes you are forced to transfer your own wages to the partner’s account, but sometimes you are prevented from working or going to university. Financial abuse can also be seen in the fact that one is financially monitored, one is denied access to one’s own money or the partner spends the money of the person concerned. It is the deprivation of one partner from enjoying jointly or privately owned property or deprivation of or access to employment opportunities, economic resources, or means.
Can the husband file the case of domestic violence in Nepal?
In accordance with the domestic violence Prevention and control Act 2009, if the close relative causes physical, mental, sexual, or economic violence, then it is called domestic violence. If the wife physically assaults the husband and evict from the home then the husband can file litigation of domestic violence against the wife and can file for divorce.
Where should the case be filed if there has been an act of domestic violence?
If you as husband or wife is suffering from such domestic violence as mentioned above, then it is your right to complain against the person who is causing you the domestic violence. You as the victim can complain against the domestic violence in the following orifices:
- The nearby police office
- The National Women Commission
- Municipality or ward office or the local bodies.
- District Court
What is the procedure of complaining against domestic violence?
If you want to file a complaint against the domestic violence, then you have to follow the procedures listed below:
- Filing case verbally or in writing
If you are suffering from domestic violence, then you can go to the nearest police station or municipality and can file a complaint either orally or in written form. Once your complaint is filed, then the police will write the application and make you sign the application of complaint along with wit your thumb impression.
In case of a severe act of domestic violence, such as an acid attack, physical assault, burning, griding, sexual assault, etc that has caused the physical and mental injuries, and disability. Then police will file the FIR against the person who has committed domestic violence.
- Call the person who has committed domestic violence to be present
Once your complaint has been filed in the police station, then the person who has committed domestic violence is called in the police station to be present. If the person doesn’t come to the police station, then he will be arrested.
- Treatment of victim
If the victim has been severely injured due to domestic violence, then the victim will be taken to the nearby hospital or medical center for instant treatment. If the victim is mentally injured, then he will be consulted by the psychologist for mental and emotional healing.
- Effort for compromise
the police or the ward office will try its best for the victim and the perpetrator of the domestic violence to compromise and reconcile. Most of the domestic violence happens between husband and wife or between the nearest relatives. Because it is the family matter, therefore police and legal authorities make an effort for the victim and perpetrator to compromise. So that the family matter gets resolved then and there and the matter doesn’t go to the court.
- Sending to the court
If all the means of compromise and reconciliation have been exhausted, then the case will be filed in the respective district court. The police will collect all the evidences of domestic violence and will present it in the district court.
- An interim protection order shall be issued
the court will issue the interim protection order to the victim and will provide alternative accommodation to the victim. Such an order is issued when the victim still feels the threat of domestic violence against him or her by the perpetrator. The purpose of issuing this order is to provide protection to the victim and prevent the perpetrator from causing more physical and mental damage to the victim.
- Provide the compensation
If the victim has suffered physically and mentally from the act of domestic violence, such that the victim is needed to be treated in the hospital. Then the expense of the treatment is borne by the perpetrator of the domestic violence. He will not only bear the expenses of treatment but he will also have to bear the expenses of full rehabilitation of the victim. Si that the victim can resume his or her normal life again. The court will take into consideration all the factors such as the financial status of the victim and the perpetrator of domestic violence and then will decide the amount of compensation.
the offender of the domestic violence not only has to bear the medical expenses toward the victim but after sufficient evidence, if his guilt is established in the court. Then the offender will also be punished. He will have to pay the fine ranging from 3000 to 25000rs. Or he may have to face the jail sentence of two months. Or he may have to pay the fine as well as face the jail sentence.
Not only the offender of domestic violence, but the person or persons who have assisted him in causing the domestic violence will also be punished. It doesn’t matter if the person has just incited for domestic violence or actively participated in the act. He will face half of the punishment that has been given to the main or the principal offender of domestic violence.
Domestic violence charges are a serious offense. If you are the victim of domestic violence, then don’t hesitate to contact Divorce Nepal as we will fight for you. So that you will get the right justice. Sometimes, it so happens that people may accuse you wrongly for the domestic violence. there are such people who will not hesitate to misuse the legal provisions of domestic violence for their own advantage. If you are being accused of committing domestic violence, Divorce Nepal lawyer can provide aggressive representation to your defense. Call (+977) 9851212946 to learn more about your legal rights and options.
Ten preventive measures for divorce
Marriage is a strong bond between two people. It is the bond of not only bodies but also of the soul. It is the bond between two families. Therefore, we should not make divorce to be the only option in our married life. We should prevent divorce as much as possible. Before we decide to take a divorce, we should think not twice but thrice. We should think about why we have married that person in the first place. We should think of all the love and the time that we have spent together. If you still love each other but taking a divorce just because of some disputes and misunderstanding, it would be foolish to think about divorce. Therefore, divorcenepal.com(Divorce Nepal) would like to suggest the following ten ways to prevent a divorce:
Don’t ever think of divorce
In this changing society, personal space and freedom have become our necessity. When two people get married and decide to spend the rest of their life with each other, then we have to make some adjustments. Those adjustments can make the husband and wife feel that they have lost the freedom and start fighting over small matters. This can cause the couple to think that divorce can be the only option to make life better. Such thinking should be removed from the mind. We need to think about what is best for family relationships. divorce is not the last resort in itself.
Respect each other
In a relationship, one should always treat the other with respect. The husband always wants to see his wife treat him with respect. Likewise, a wife wants to feel that her husband has always cared for her. Therefore, both husband and wife should respect each other. At stressful times, instead of thinking about the negative qualities of your partner, start thinking about the positive qualities of your partner. When you think about your partner’s loving gestures and his affection, your anger and your negative thoughts will change into positive thoughts. Therefore, you will begin to love your partner even more.
Communicate with each other
The world has stepped its foot in the digitization world. The global world has become narrower because of the internet. Nepalese society has also become part of the same digitalized world. Most people no matter where you live spend most of their time with their smartphones or TV. Because of which, husband and wife have forgotten to spend time with each other. But what we forget is human beings have always been the social creature. Human beings forward their life through love, hate, anger, and emotions like these. Therefore, husband and wife should communicate with each other about their life, their future plans, their struggle, their work so the lost intimacy and happiness is established once again. The husband and wife at least communicate with each other for 30 minutes or so. This small gesture will create a healthy and cheerful environment in your home.
Do the Household expenses together
Household expenses play a big role in married life. Most couples end up having disagreements over household expenses. Sometimes the small matter can take a form of the big issue that can be the source for divorce. The husband and wife should get in the habit of spending according to their income. Most women like to imitate the lifestyle of other people and end up spending more than the income of her husband. Thus, when the husband’s financial condition is weak, and the wife still makes unnecessary demands, then the relationship starts deteriorating.
Give your time to your family
Often the rate of divorce occurs in those couples where one or both spouses are busier in their work. Such that they cant give each other enough time. Whereas, both husband and wife should give each other enough time to maintain marital balance. For example, during pregnancy, the wife wants her husband to take special care of her. When the husband fails to give her enough time, care, and affection, this can cause stress to the wife. And can make the wife think for divorcing her husband. In most cases, the idea of divorce comes when the husband does not give enough time to the family.
Not everything happens in your life as you think. Sometimes, people make mistakes by accident. We can make a mistake in our job, we can make a mistake when taking a certain decision. It is the nature of humans to learn from their mistakes. Similarly, the husband and wife can make mistakes in their married life well. So you have to learn to forgive those mistakes immediately. You have to control our anger, talk about his mistakes, learn about the cause of the mistake in a calm state. Neither the husband nor the wife should hold a grudge forever for the silly mistake and keep fighting with each other. This will make your marital relation cold and dark. Research on divorce has shown that it is the habit of keeping a grudge in mind that increases the risk of divorce.
Don’t try to control each other
Controlling each other in family life creates a negative environment in your home and family life. The mutual control between husband and wife deprives them of their freedom. At the same time, controlling nature can destroy other’s new thinking, creativity, and vitality to progress in life. So it is best not to try to control your spouse.
Get timely consultation from an expert
A family is an important unit of society. When a family breaks up, the society and the nation also suffer indirectly. divorce is a challenging decision in life. This has a huge impact not only in your life but also on your child’s life. Therefore, it is advisable to consult with expert legal practitioners before such a situation arises.
Be physically and mentally ready to prevent divorce
Divorce usually has a negative effect on life. If there is a disagreement between husband and wife, they should be physically and mentally ready to give up their job and other work to strengthen their relationship. They should always give first priority to their relationship. The husband and wife should both sit together, evaluate, and discuss their weaknesses and strength. Doing so in time will prevent a divorce.
Be accountable and answerable to each other
Accountability is very important in married life. The husband and wife are both answerable to each other for their mistakes, their conducts, and their quarrel. Therefore, when there are misunderstandings and disputes between husband and wife, they should clearly and freely talk with each other. If one makes the mistake, he or she should answer clearly to the other partner why that mistake happened. You should not be ashamed to take accountability for your actions.
Divorce is just the ending of your relationship on legal terms. But divorce doesn’t end your love for each other. Divorce cant end your emotion and responsibility toward each other and your family. The team of divorce Nepal therefore always in the side of reconciliation. Therefore, whenever a couple approaches us, we make every effort to reconcile their relationship back to normal and prevent divorce.
It is known that the number of divorces is growing all over the world. But the causes for divorce are significantly different, according to sociologists. There is only one thing that unites citizens of all states: all of them are not ready to endure adultery. This cause of divorce remains one of the main causes of the whole world. And in our country, about a quarter of all divorces occur due to cheating.
Nobody thinks they’re going to get divorced, at least not at the beginning of the marriage. It often happens that the relationship does not evolve in the right direction and the feelings, no matter how strong they were before, disappear over time. Almost half of the married couples in recent years have been divorced, and the number continues to grow at an alarming rate. In the year 2018 and 2019, Divorce Nepal had studied 100 cases of Divorce in Kathmandu District Court in which Divorce Nepal had also consulted. We also interviewed people involved in those 100 cases and asked them about the causes of divorce. The survey gave us the following major causes of divorce in Nepal:
In our survey, 64 of 100 cases that are 64% of all data have shown their spouses went abroad for foreign employment. When we asked the question, why did you file for divorce? Most people said IT is, very good Monotony. Sometimes partners are bored with each other. Sometimes they have unrealistic expectations about the relationship, and when it gets tedious, they lose interest and decide to quit and stop trying. Boredom in a marriage occurs when two people stay together for a long time – months or years – and constantly distance themselves due to the lack of dynamism in the relationship. Or the opposite may happen when one of the spouses is in a distant place and absent from home for a long time. This has been the major cause of divorce in Nepal.
2. Lack of commitment
When we asked the ex-couple for the cause of divorce, one or both partners have the complaint of not fulfilling the obligations and not showing any commitment towards each other. This has been the second major cause of divorce in Nepal. Often, the husband indulges himself in alcoholism forgetting his responsibilities towards his family which has been the main cause for divorce. At the beginning of the marriage, no one thinks that a lack of devotion and dedication will end a couple. Unfortunately, this is one of the biggest causes of divorce. Even if at the beginning of the relationship that commitment exists, over time husbands lose interest in acting for their relationship. They succumb to routine and habit and, finally, become completely alienated.
3. Lack of Intimacy
As mentioned above, 64% of cases have shown that one of the spouses went abroad for employment and remain absent from home for a long time. Therefore, lacking intimacy in their relationship. Often, the sexual compatibility of partners is another problem that leads to separation. Low sexual satisfaction, for both husband and wife, can lead to mutual accusations. Lack of intimacy is one of the most common causes of divorce today. Because of the absence of one partner for a long time, often the other partner starts the relation with other people. This reduced the intimacy between husband and wife and increased suspicion toward each other.
4. Too many discussions and different opinions
Many said that there were disputes over general issues. This is probably the most serious reason that can lead to divorce: lack of a common vision, moral, and intellectual values that are the foundation of a solid relationship. Disagreements and differences of opinion often occur when the two partners are incompatible and never manage to be on the same page. Couples who marry too soon fall into this trap, before actually analysing their relationship from all points of view.
Our survey has given us the result in which one of the causes of divorce is infidelity. Many were told that they had been deceived. Often, husbands engaged in foreign employment send money to the wife while the wife thens ignores her duties and gets involved in sexual relationships with others. It is not the most common cause of divorce, but it is definitely the most painful. It may occur as a result of the reasons mentioned above or the partner who cheats is seeking validation from other people. Regardless of the reason, infidelity is responsible for many broken hearts and marriages that have been destroyed since antiquity.
6. Get married early
In our survey, there were 22 cases involving minors that is 22 out of 100 cases that we studied have married early. When asked for the reason for getting married at an early age, they gave various reasons. For several reasons, many choose to get married at college age, as a way of trying to escape from their parents or declare their maturity ahead of their time, or by religious rules. Whatever the reason, people who marry too young break up after just a few years, as a consequence of the two really maturing.
7. Money or economical reason
Money or economic reasons were also a major cause for divorce in Nepal. The survey concluded that most of the husbands were addicted to alcohol and could not even earn a living. All couples often argue about this. Although perhaps not the most serious, there is always the chance that a couple will split up when money is lacking.
8. Unrealistic expectations
Of those we surveyed, 33 were under 25 years of age. Unrealistic expectations were seen in couples of this age. You marry with the idea that everything will be perfect from that moment on, and that the life of a married woman is a dream. This is an example of unrealistic expectations that can cause long-term damage. Life is never as easy as it is in romance books and certainly a person should not expect only joy and happiness. Upon asking the couples, we found that they expect their married life to be like their dating phase. For example, going movies, eating out at restaurants, going shopping, or expecting gifts. When such expectation is not fulfilled, they seek for divorce.
Out of 100 cases, 11 cases have reported the physical and sexual abuse to be the cause of their divorce. It remains a reality that we have neglected in the 21st century. Whether we blame it on education or lack of it, religious customs and traditions, sexual abuse is a practice that has been going on for many centuries. Unfortunately, most women fear to end a marriage that suffers from it. Two of the women in the survey had even said that their husbands tried to have unnatural sex
When asked for the cause of divorce, several couples had even answered their children to be the cause for their divorce. Things between husband and wife can become unpleasant when it comes to raising and educating children. Each of the partners believes that the decisions they make are the best. Another issue that causes misunderstandings in a marriage is the division of responsibilities in raising the little ones. And one parent is more involved than the other.
The above causes of divorce shown why divorce has become so common n Nepal. These are the common causes of divorce that we have listed but there can be still many. So try to resolve your relationship through communication & understanding and give your relationship a chance for reconciliation. If not, instead of making the situation ugly, seek an early consultation from Divorce Nepal. We are always at your service.
How to get Cheap and Affordable Divorce in Nepal?
Cheap and affordable divorce? Yes, it is possible! A quick, easy, and smooth, cheap, and affordable divorce is a reality today. In addition, it is possible that it will be approved on the same day depending on the situation, saving time, and avoiding emotional exhaustion between spouses. In this post, we will clarify your doubts about the cost of divorce, the time of the process, and how to get a cheap and affordable divorce in Nepal. Here are a few tips to make your divorce journey smooth, convenient and cheap without wasting a ton of money: –
- Hire a suitable divorce lawyer
Most of us hold this belief that if we hire a fancy lawyer from a big firm who charges an insane amount of money, we will get the desired outcome. But when you are tight on the monetary front and searching for a cheap and affordable divorce lawyer, hiring a fancy and famous lawyer might just put you out on the streets. In order to make your divorce smooth and easy at an affordable price, please contact us at divorcenepal.com. We have been specialising in getting cheap and affordable divorces in Nepal for more than 30 years. Our team consists of highly skilled and enthusiastic lawyers who can assist you in getting a quick and painless divorce in Nepal.
In order to get a cheap and affordable divorce, you need to go through the proper channels and be frank and open about your issues with your lawyer. If you have any concerns and confusion, don’t be hesitate to contact us at divorcenepal.com. Based on individual cases, we can find a way to lower the cost for you. So always, be open and frank about your issues with your divorce lawyer.
- Attend your date given to you by the court
Once you file for divorce, the court will notify your partner and he/she has to be present in the court on the given date. The court will then address your case and review and evaluate the that have been presented in the court. The date that is given by the court to be present is called Tarikh in Nepali. If you want the divorce to proceed, then make sure that you yourself are present in the court. Don’t hire another person to represent you in the court else you have to pay extra money.
- Every Hearing doesn’t require your lawyer’s presence
If you are getting divorced by mutual consent, divorce will be finalized within 2 days. But if one party does not give consent, then the proceedings take longer. Every hearing or (peshi in Nepali) won’t require a lawyer to be present in the court for agreement. In case of mutual consent divorce, the case can be finalized within 2 days. But if one of the parties doesn’t agree on the divorce, then it may take more than a year for the final settlement. The court also sends both the parties to the Mediation chamber where it is tried to reconcile both husband and wife. Therefore, a lawyer need not be presented in every hearing in court. Even if the lawyer is not present in the court, the court proceedings won’t stop. If the evidences are needed to be presented in the court, you yourself can present the evidence. In order to have a cheap and affordable divorce, it is best that you take a lawyer only at the final hearing in the court. Taking a lawyer for your every hearing will be quite expensive. It is also better that you seek divorce with the mutual consent of both husband and wife.
- Claim your properties
Court proceedings might take a longer period when one of the spouses doesn’t give the consent for divorce. In such a case, you need to file for divorce also claiming for the property. According to Nepal’s civil code, a woman is eligible to claim on her husband’s property. Filing for divorce along with claim on property, after the final judgment, you will be able to get your share on the property. This will also help you to obtain a cheap and affordable divorce.
- Decide about the lawyer’s fee beforehand
Sometimes even lawyers can take advantage of your difficult circumstance. Single and poor people might fall victim to this type of situation. Lawyers are not allowed to do this but it happens from time to time. Please be aware of these kinds of offers and hire only a trustworthy divorce lawyer. We, at divorcenepal.com, don’t charge our clients excessively. We guide and assist our clients to attain the cheap and affordable divorce as much as possible. Our rates are minimal but our service is excellent. And we don’t charge time and again.
- Don’t fall for faulty schemes
Divorcenepal.com is made so that you get proper legal representation during a time of crisis. Some lawyers might promise you to help you get a cheap and affordable divorce. However, they may charge you more by asking you to pay every other individual you encounter during the proceedings. If you find yourself in a similar situation, you can file a case against them in court. We live in an open society now. We, at divorcenepal.com, provide you with premier service at an affordable price.
- Be aware of Middle Men
There are lots of middlemen trying to scheme you into paying them for doing simple tasks around the court. They promise to settle your case very fast and charge you unnecessarily. Please don’t fall for their tricks and waste your money. Contact us at divorcenepal.com and give us a chance to serve you. We will provide a divorce service at a cheap and affordable price. Let’s cut out the middlemen together and get you the outcome you desire.
We at Divorce Nepal always in the objective to reconcile both husband and wife and save their marriage. But whenever another way is exhausted, we also believe that it’s better for both husband and wife to part their ways and give their life a second chance. However, the divorce proceedings should not be painful and long. Therefore, we focus on giving you the cheap and affordable divorce at a minimum time so you don’t have to go through all those complicated legal proceedings.
The law of divorce has been changing over time. In Nepal also after the establishment of the new constitution in 2017, the new divorce law was introduced. Divorce used to be informal in ancient times. If the wife divorced, she simply took back her dowry and left her husband’s house. You don’t have to go to court like you do now to get a divorce. The legal process of divorce was started by Jung Bahadur in 1910 BS. divorce was only available to the wife at the time. When the new divorce law of Nepal came in 2017, it opened the door for the husband to go directly to court to file for divorce.
10 new things included in the new divorce law of Nepal
The new law of divorce has come into existence in Nepal since 17 August 2017. According to the new law of divorce, ten new things have been added to the existing legal provisions of Nepal regarding divorce.
- Ground for divorce
The new Civil Code 2017 has added some new ground for divorce. In the past, if the husband remarries, then the wife can file for divorce. But according to the new law of divorce, polygamy that is the custom of marrying more than one spouse is not given legal recognition. Therefore, the second marriage is not recognized as a valid marriage and gets dissolved automatically. Similarly, before if one of the spouses evicts the other spouse forcefully form home, then it was not regarded as the basis for divorce. But with the new law of divorce, the situation has changed. If one of the spouses evicts the other spouse forcefully form home, then it can be the basis for divorce. The husband therefore can pretend that he has been forcefully evicted from home by his wife. And can file for divorce in the court.
- The husband can apply in the court for a divorce
In the institution of marriage, we presume that it is the only husband who can cause domestic violence. But it is not the whole truth. Most of the husbands also suffer from domestic violence at the hands of their wives. But there were no legal provisions for the husband to file for a divorce on this ground. However, the new law of divorce established on 17 August 2017, if it is proved that the wife has been causing domestic violence to eh husband, then the husband can file for a divorce.
- No property for wife in case of her fault
Before the existence of the new law of divorce, the wife used to get the property share no matter whatever the circumstances for divorce were. But with the foundation of the new law of divorce, there are certain conditions under which even wife can’t get the property share of her husband. However, there has been a misconception in Nepali people that now wife won’t get the property share after divorce. But it is not so, there are conditions such as if the wife has caused the physical and mental torture to the husband. If the wife evicts the husband from home, if the wife involves in the extramarital relation or adultery then the wife can’t get the property share. But if she is staying separately from her husband for 3 or more consecutive years, then she can get the property share after divorce.
- Cooling period
The previous national law of divorce stated that when the husband filed for divorce in the municipality, then the municipality gives the period of one year for the reconciliation. However, when the wife filed for divorce, she didn’t have to wait for a 1-year period to cool off their disputes and conflicts.
But after the issuance of the new law of divorce from 17 August 2017, if both husband and wife file for divorce in the court. And there is no means for reconciliation, and certain disputes and conflicts still exist then the court order a 1-year period. Till that 1-year period, the court doesn’t take any decision regarding the divorce but gives another chance for the husband and wife to compromise and solve their disputes. Such 1-year time period is called the cooling period. The concept of a cooling period in divorce comes into existence from 17 August 2017.
- The new law of divorce has made it mandatory to go for reconciliation
According to the previous national law, it was not mandatory to send the husband and wife for reconciliation. However, after the introduction of a new law of divorce, the judge must send the couple for the reconciliation.
- Interim order for maintenance cost
After the foundation of the new law of divorce, the wife can seek for the maintenance cost until the finalization of the divorce case. If the wife applies in the court saying that she needs the maintenance cost for her livelihood, then the court will place the interim order for the provision of maintenance cost. The court will calculate the monthly income of the husband and then order the husband to pay monthly maintenance cost to the wife.
- Arrangement for fast completion of the process
According to the previous national law, if one of the spouse file for divorce in the court, then the summon or notice has to be set to the other spouse which used to take a long time. But after the introduction of the new law of divorce, if one spouse applies for divorce, then the applicant him or herself can send the summon or notice to the other spouse. This way the process of divorce doesn’t take a long time.
The new law of divorce has definitely 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 made sure for the right of husband understanding that husband can also be the sufferer of domestic violence. And he also has the right to file for divorce.