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5 months ago Divorce Law , Family Law

Husband’s right in Divorce in Nepal

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.

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.

Conclusion

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.

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