This article will provide you with latest legal provisions relating to divorce process in Nepal.
Divorce Process in Nepal is currently regulated by Muluki Civil Code, 2074 and Muluki Civil Procedural Code, 2074.
Table of Contents
Step Wise Divorce Process in Nepal
Step 1: Divorce Application
The concerned husband or wife, who is seeking for divorce may file divorce application in his/ her concerned district court or any other district court upon obtaining temporary residence paper.
Step 2: Forward of Notice to the other party (defendant)
Court sends notice to the opposite party regarding the case filed and asking for written response on his/ her part.
Step 3: Submission of written response and defense by the defendant
The defendant within the prescribed time has to submit written response to the court.
Step 4: Mediation by court
Court firstly tries to convince the husband and wife for uniting them back. The period of mediation extends up to 1 year of filing of case.
Step 5: Divorce Decree
If Mediation fails, after 1 year the court tries to dispose the case, either by granting or rejecting divorce. If divorce is granted, court also decides on various issues such as property partition, custody of children.
Documents required for Divorce Process in Nepal
- Citizenship certificate
- 2 pp size photos
- Temporary residence paper if divorce petition is to be filed in any district court other than the permanent district.
- Birth Certificate of the children born out of marriage
- Property details
- Marriage Registration Certificate. In case of absence of Marriage Registration Certificate, photos or other evidence of marriage.
Grounds of Divorce for Husband
The husband can file for divorce under following conditions :
In case the wife has been living separate from husband without his consent for three or more consecutive years.
In case the husband is expelled from the house or not provided with maintenance costs by the wife.
In case the husband is subjected to serious hurt, severe physical or mental pain by the wife.
In case the wife has maintained extra marital affairs with other men.
Grounds of Divorce for Wife
In case the husband has been living separate from wife without his consent for three or more consecutive years.
In case the wife is expelled from the house or not provided with maintenance costs by the husband.
In case the wife is subjected to serious hurt, severe physical or mental pain by the husband.
In case the wife has concluded other marriage.
In case the husband has maintained extra marital affairs with other women.
In case of marital rape.
Divorce on Agreement / Mutual Consent in Nepal
If there is mutual consent among husband and wife for divorce, the procedure is pretty simplified and less time consuming.
Step wise Procedure
Step 1 : Filing of application for divorce in your concerned district court.
Step 2 : Submission of written response by the defendant, agreeing on divorce.
Step 3 : Appearing before judge.
Step 4: Judge looks into the application, written response and attached documents for verification.
Step 5 : Judge approves for divorce.
The whole process shall be completed within 2/3 days from the date of filing of application.
Custody of Children After Divorce Process in Nepal
As per prevailing laws of Nepal, child shall remain under custody of father/ mother as follows:
- Child below 5 years of age : Under the custody of the mother, if she so wishes no matter whether or not she has concluded another marriage,
- Child above 5 years of age : Under the custody of the mother, if she so wishes except where the mother has concluded another marriage.
- Other than above two conditions : Under the custody of the father
- If a child is above 10 years: The opinion of the concerned minor may also be obtained.
- In case the husband and wife have entered a separate agreement on the custody of a minor at the time of divorce , custody will be according to the agreement.
Partition of property After Divorce Process in Nepal
Partition from Husband
If the divorce is effected because of husband’s fault, the court shall cause partition of husband’s property if wife demands for it prior to effecting divorce.
The common property registered in the name of both husband and wife or any one of them will be divided between them equally.
If the wife concludes another marriage before effecting partition, she will be denied of any property from the former husband.
Lump sum amount or alimony instead of partition after divorce process in Nepal
If the wife wishes to take lump sum amount ( money ) or alimony (Annual or monthly maintenance cost) in place of partition, the court may order the husband to provide so in accordance to his property or earning.
If the divorced wife concludes another marriage, the wife will stop receiving such Annual or monthly maintenance cost.
Maintenance Cost from husband after divorce process in Nepal
If husband has no any property for partition but has some earning, the wife if wishes to receive maintenance cost ( mana chamal ), the court may order the husband to provide so in accordance to his earning.
Also read Court Marriage Registration Process in Nepal by Muddanepal.
FAQs
Who holds the custody of child after divorce ?
Child below 5 years of age : Under the custody of the mother, if she so wishes no matter whether or not she has concluded another marriage,
Child above 5 years of age : Under the custody of the mother, if she so wishes except where the mother has concluded another marriage.
Can wife get property from husband after divorce ?
Yes, she can if the divorce is effected because of husband’s fault.
Who can keep the child after divorce of parents ?
If the child is below 5 years, mother may keep at any condition. If the child is above 5 years old, mother can keep the child if she has not concluded another marriage. If the child is above 10 years, the child’s opinion is also taken into consideration.
What happens if husband has no property for partition during divorce ?
If husband has no property for partition during divorce, wife can demand for annual or monthly maintenance cost according to the earning of the husband.
Does wife get monthly or annual maintenance cost from husband in case of divorce ?
Yes, the wife can get monthly or annual maintenance cost from husband in accordance to the income of husband.
What is time period for completion of divorce case in Nepal?
It takes around 2 to 3 days if divorce is based on agreement / mutual consent. In absence of mutual consent, it will take more than a year for full disposal of the case.
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