Ten new things included in the new divorce law of Nepal
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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.