Divorce procedure in Nepal
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Table of contents
- Divorce procedure through mutual consent
- Divorce procedure through court proceedings
- The divorce procedure in the court takes place in the following way:
- Steps of divorce procedure through court proceedings
Divorce procedures in Nepal
Like marriage, divorce is an important decision in life. It can be said that marriage and divorce go hand in hand. Especially in the recent circumstances where the norms and legal values are changing in Nepalese society. Every married couple should keep in their knowledge the divorce procedures of Nepal. In Nepal, basically, there are two types of divorce procedures that take place. First and the easiest divorce procedure is the divorce under mutual consent. And the second divorce procedure is divorce by the court order.
Divorce procedure through mutual consent
Divorce by mutual consent does not take much time and does not take long. On the first day, one of the spouses has to file for divorce in the court. The next day after filing the application in the court, the spouse or the person against whom the case has been filed should go to the court. And understand the term and application issued to him/her in the presence of the court. After understanding the terms and conditions, the spouse can reply and reconcile on the same day. So that the final settlement of divorce can take place on the same day. Therefore, the divorce procedure takes only two days to finalize.
Divorce procedure through court proceedings
If the relationship between the husband and wife cannot be dissolved by mutual consent, then the divorce procedure takes place through the court process. In case of divorce procedure through court proceedings, the court tries to reconcile the husband and wife therefore the court gives the period of one year to the couple. In this period in one year, the husband and wife may try to reconcile and compromise and give another chance for their marriage. In case of failure of reconciliation then the further divorce procedure takes place in the court.
The divorce procedure in the court takes place in the following way:
According to the law, the case should be filed within the locus standi and limitation of time
Locus standi is the legal term for the right to sue according to the law. According to the law of locus standi, only those who have been wronged and affected have the right to sue in the court. The right to sue in a divorce case does not apply to anyone other than the spouse. That means, only one spouse either the husband or wife has the right to sue. However, that spouse should have the cause or the legal ground or divorce. That spouse should be the sufferer then only the spouse can sue in the court with locus standi law. If that person is unable is to file for the case, his authorized heir or representative can file on his or her behalf.
Similarly, the time limit means that the person who has to file a case should be able to file a complaint within the time limit prescribed by law. In the case of divorce, the time limit is only 3 months.
The lawsuit or note of complaint shall be filed in the district having jurisdiction then Jurisdiction is the right of a court to hear a case, proceed a case, decide for a case, and set aside a case. The relevant district court has the power to hear cases within the area where the plaintiff or defendant resides. Therefore, a divorce case can be registered in the district court where the spouse has a permanent address. However, cases can also be filed in the district court where the spouse has a temporary residence. In order to register for a divorce application in a district court where the spouse has a temporary residence, a recommendation letter is needed. Such a recommendation letter can be obtained from the ward office of the concerned municipality. For example, if the permanent address of the husband and wife is not Kathmandu then they should obtain the recommendation letter which can prove that Kathmandu is their temporary address from the concerned Ward office of Kathmandu. After getting the recommendation letter, the husband and wife should file a petition in the district court of jurisdiction with the reason for the divorce.
Documents required when filing a divorce petition:
- Citizenship certificate
- 2 Recent passport size photos
- If resided temporarily the recommendation of the concerned local bodies
- Details of the property if the property is to be claimed
- The lawsuit in accordance with the law
- If the heir has been appointed the original paper of the power of attorney
- Court fee
Steps of divorce procedure through court proceedings
When you have to file for divorce procedure in the court, then you have to follow the following steps mentioned below:
Apply for divorce
The first step in the divorce procedure is to file a petition in the relevant district court. A good divorce lawyer should be consulted when filing a divorce petition. Either husband or the wife can approach the court and file a Divorce Petition on any of the grounds mentioned above.
Summoning or providing notice to the opposing spouse
In the second step in the divorce procedure, after filing for a divorce, the summon or notice is sent to the opposing spouse. After the plaintiff files the petition, the court gives the respondent 21 days to respond to the summons with the information of the petition. There are many ways of sending the summon to the opposing spouse. Such as:
- The plaintiff or the spouse who has filed for divorce can himself take the summon to the opposing spouse
- The representative lawyer of the applicant can take the summon to the opposing spouse
- the court itself can send the summon to the opposing spouse
- The summon can be sent through emails
- The summon can be sent through national dailies
If the opposition fails to file a counter-argument within 21 days of receiving the summon, the period can be extended for 15 days.
Response to Petition
After the opposing spouse receives the summon, the next step in the divorce procedure would be for the opposing spouse to respond to the summon in the court. The opposing spouse has to defend him/herself in the court by refuting or agreeing to the claim. This is called a reply letter. When the respondent submits the reply, it is also possible to submit the counter-claim as required. In a divorce procedure in Nepal, the respondent or the opposing spouse can either refuse or accept for divorcing the spouse. Or the opposing spouse can claim on the property share or not. It depends on the choice of the opposing spouse on how he or she wants to respond in court.
The trail in the court and determination of the evidence
In the next divorce procedure, the court will now operate the further process of divorce. The court will order the applicant or the plaintiff to present the evidences against the defendant. When the court issues such order, it will ask the applicant or the plaintiff to present his side of evidence. The court will also order the defendant to present his side of evidence in the court. the court will also order to disclose all the property that the plaintiff. The court will order the defendant to present his claim on the property share. The court will also issue the order to both the spouses to present any other person who can claim for the property share. The court will then examine all the evidence that is presented to the court.
In the next step of the divorce procedure, the court can issue the temporary orders relating to child custody, alimony, maintenance as required by the party. The concerned party has to apply for it. When the wife applies for divorce, she may not have the financial capabilities to raise the child and provide for their livelihood. And the husband may refuse to pay for the livelihood of his family or the wife. In such a case, the wife has to apply for the maintenance cost in the court. the court will then give the temporary order to the husband to pay the maintenance cost to his wife on a monthly basis depending on his income.
Resolving of disputes through reconciliation
In the next step of the divorce procedure, the court will order to resolve the disputes of civil nature through conciliation between the parties. In the case of divorce, maximum effort should be made to reconcile the spouses. If there is no possibility of reconciliation, the divorce case is deemed fit to be decided after one year of the defendant’s appearance.
Demand for property and income source details
In the further process of divorce procedure, the court will see whether the husband and wife have reconciled. If there is no possibility of reconciliation, then the court will order both the spouses to present the details of their property and their income, source of income in the court. the court will then analyse the property and income of both spouses and determine how much amount of alimony has to be given to the wife for her livelihood. This ensures that the wife and children are well taken care of after divorce.
The husband and wife both have to show the details of their property and their income in the court. They should not hide any details. If after inquiry and investigation, the court finds that a certain party or the spouse has hidden the information on his or her property details. Then the hidden property is also given to the other spouse. That spouse won’t have to claim for their share.
The next step in the divorce procedure in the court is where the court will take the decision for dissolving the marital relationship. the court will also see that the property has been equally shared between husband and wife. If anyone of the spouse is not happy with the decision of the court, then that spouse can appeal in the higher court.
This is the final step in the divorce procedure in Nepal. Once the relationship is severed by a court decision, an application must be made for the implementation of the decision. Here the implementation of the decision means checking whether the property has been divided or not as per the order of the court.
With the above-mentioned divorce procedure in Nepal, you can take the necessary steps that are required for your divorce. When there is no possibility of reconciliation at all, then divorce procedure through mutual consent is better than the divorce procedure by the court order. Divorce Nepal will be happy to help you and guide you through all the legal proceedings of the divorce procedure in Nepal.