Divorce Law In Nepal
This post is also available in: नेपाली
Table of contents
- Types of divorce
- Advantages of Mutual Consent Divorce:
- Disadvantages of divorce with Mutual Consent
When married people wish to end the marriage, the appropriate legal solution is to get a divorce. It is an act of concluding a marriage relationship between the spouses in line with the divorce law in Nepal. The termination of the marital relationship ends the marriage. Once the court issues a divorce certificate the couples become eligible to remarry and hold a single status. According to the Nepali dictionary, divorce means Parpachuke or Talak. Chapter 3 of the National Civil Code 2074, provides for the provisions relating to divorce in Nepal.
Divorce in Nepal may be pursued in two ways: Divorce with Mutual Consent and in the event of disagreement either of the disputed parties may file a lawsuit with the relevant district court. The Judge reviews the documents that are submitted and deliver the decision.
Types of divorce
Divorce in Mutual Consent
According to Article 93 of the Civil Code 2074, the relationship can be dissolved at any time if both the husband and wife agree to a divorce. Even if it is not the fault of either husband or wife, the relationship can be dissolved at any time with mutual understanding. The relationship can be put to an end by taking a share in the property. When the couples decide to pursue a divorce then the property details should be taken into account. The property is shared between the couples in an equal manner. The couples should agree as to who will have custody of the child and how to share the responsibility of child support. In case of the agreement between the couples, the divorce process may be concluded in two working days.
Advantages of Mutual Consent Divorce:
I. Divorce Concludes in two working days
It takes two working days to conclude a divorce process in the event of the agreement reached between the couples. A joint petition is submitted with the relevant district that clearly states the consent of the couples. The Judge reviews the petition along with the supporting documents that are submitted before the court and if sees fit then signs and approve the divorce.
II. Low cost
It is affordable to file for a divorce when the couples agree to pursue a divorce mutually. It doesn’t require a lawyer to appear before the court and plead. It saves time and money. The court proceedings end in two working days.
III. Less stress
When a person has to fight a legal battle for a long time it may affect them mentally and arise financial issues as well. The long legal battle may drain the parties to the dispute emotionally and financially. In the event of divorce with mutual consent, the divorce process comes to an end in two working days.
Disadvantages of divorce with Mutual Consent
No claim in the property
In the majority of instances, the wives do not claim a share in the property when filing for a divorce with mutual consent. It is important for women to understand that they are entitled to property rights. As they do not want to go through a lengthy divorce process thus decide not to calculate and claim the share in the property.
Divorce by court order
The disputed parties file for a divorce with the relevant district court in case of a disagreement between the couples. There are different grounds for filing for a divorce for the husband and wife while they choose to file a lawsuit against each other.
I. Grounds for a husband to file for a divorce
There are four conditions on which the husband can file for a divorce. The conditions are as specified below:
- In case the wife has taken her share in the property and is living separately from the husband without informing him for three consecutive years.
- If the wife throws the husband out of the house.
- If the wife perpetrates physical and mental torture against the husband.
- If the wife indulges in a sexual relationship with another man.
II. Grounds to file for a divorce for a wife
- If the husband abandons the wife and is not aware of her whereabouts.
- If the husband is living on his own for three consecutive years without his wife knowing it.
- If the husband indulges in a sexual relationship with a woman other than his wife.
- If the husband inflicts physical and mental torture against the wife.
- If the husband remarries without the consent of the wife
- If the husband forces sex on the wife without her consent.
Divorce with mutual consent has become trusted and easy for couples to terminate their marital relationship. In particular, younger generation has been flexible in such a situation and they weigh the consequences of the termination of marriage and opt for a divorce with mutual consent that saves them time, money, and energy. When the relationship is not working the couples decide to forge an understanding and part their ways mutually. Divorce process in mutual consent takes two working days to complete.