Divorce by wife
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Conditions in which a wife can file for divorce in Nepal
In marriage, the wife always plays a vital role. Similarly, in divorce also the wife plays an important role. Both the Civil Code and the current civil law have given the wife the right to file for divorce. If the wife files for divorce in the court, then the court also grants the divorce easily. If the wife has filed for divorce in the court and the husband has not agreed to divorce, the court will take the initiative to reconcile them. So the court gives them a time period of 1 year so they can reach to an agreement. If there is no reconciliation between the husband and wife even after one year, the court decides to provide the final judgment for divorce after one year. The four grounds for divorce apply equally to both husband and wife. However, there are another two grounds on which a wife can file for divorce in Nepal. They are if the husband remarries and if the husband forcefully makes the sexual relationship with the wife without her consent.
Table of contents
- Under what circumstances a wife can file for a divorce in Nepal?
- 1. If the wife has already taken her share of the property and has been living separately
- 2. If the husband is living separately without the consent of the wife
- 3. Forceful eviction from home
- 4. Disfigurement, disability, and severe physical and mental abuse
- 5. Mental abuse
- 6. If the husband remarries
- 7. A physical or sexual relationship with other women/ Adultery of husband
- 8. Forceful sexual or physical relation with wife
- 9. The time limit for the wife to file for divorce in Nepal
Under what circumstances a wife can file for a divorce in Nepal?
Though it is easier for a wife to file for divorce in Nepal, there are certain conditions that should be the basis for filing for a divorce. They are:
1. If the wife has already taken her share of the property and has been living separately
According to Article 95 of the Civil Code, 2074 BS, a wife can file for divorce if she has taken her share of the property and since then living separately from her husband. Since marriage is also the relation based on intimacy, if there is no intimacy between husband and wife at all, then it gives the basis for the wife to file for a divorce.
2. If the husband is living separately without the consent of the wife
If the husband is living apart from the wife without her consent for 3 or more consecutive years, then it gives the wife the ground to file for a divorce. According to the precedent issued by the Supreme Court of Nepal, if the husband has gone abroad for employment or study. Then such separation can’t be the ground for filing for a divorce.
3. Forceful eviction from home
Biologically and naturally, women are weaker than men. As per the structure of the Nepalese society, wife have to depend on their husband income for their livelihood. However, if the husband doesn’t provide the wife for her livelihood, then the wife can file for divorce along with her property share. Article 95 of the Civil Code 2074 has also stated that if the husband forcefully evicts the wife from home and doesn’t provide any type of financial support to the wife, then also the wife can file for divorce along with the claim for her property share.
4. Disfigurement, disability, and severe physical and mental abuse
If the husband has caused severe domestic violence to the wife, as a result of which the wife suffers from severe disfigurement, disability, or mutilation. Then the wife can complain against the husband and can also wife can file for a divorce. However, a simple physical injury that has not caused permanent bodily harm or severe physical injury, then such acts do not fall under this section.
5. Mental abuse
As for the mental abuse, the law of Nepal has not clearly specified about the mental suffering. Mental abuse and mental tension is the act of causing anxiety to the wife by the husband’s actions. If the wife can’t carry out her normal routine work because of such anxiety if the wife is suffering from depression because of the actions of the husband. If the wife has low self-confidence, can’t take the decision by herself, has self-doubts, then this can also be considered mental abuse. How one can react to a situation differ individually. Some women can take stress even in a normal situation. However, a person can be defined as suffering from mental abuse only when that person can’t carry out his or her normal functioning.
6. If the husband remarries
The country’s criminal code 2074 has made it clear that if the husband remarries then it is the criminal offense. In such a case, the wife has the right to file for a divorce and the husband will also be punished by the law of Nepal with the jail sentence up to 5 years. However, it should be evident that the husband has remarried the other women legally.
7. A physical or sexual relationship with other women/ Adultery of husband
Having sexual relations outside of marriage is not regarded as a criminal offense. However, it gives the wife the ground to file for a divorce. If the wife has made this ground for divorce, then the wife should be able to provide adequate evidence in the court. A video or photo showing the husband having sexual relations with another woman is only regarded as the concrete evidence by the court.
8. Forceful sexual or physical relation with wife
The old tradition of marriage in ancient Nepal has given the right to the husband that he can have sexual relations with his wife anytime he wants. The desire and consent of the wife didn’t have any place. But with the foundation of a new constitution in Nepal, the law has clearly stated that such action by the husband will also be consider as a criminal offense. Therefore, upon the complaint of the wife, the husband may face 5 years of a jail sentence. This can also give the ground for the wife to file for a divorce.
9. The time limit for the wife to file for divorce in Nepal
In accordance with Article 104 of the Civil Code 2017, if any one of the above-mentioned grounds has occurred, then the wife has to file for divorce within 3 months from the date of occurrence of such grounds for divorce. And under Section 99, the equal property sharing and division between husband and wife should take place.
In the divorce process in Nepal, the wife has one or more rights to file for divorce than the husband. The wife when filing for divorce should also not forget to claim for the property share. Divorce Nepal is here to help you; we can help the wife file for a divorce on the grounds mentioned above. We can also fight for your rights and for your rightful justice.