Divorce: Supreme Court Decision

The marital relationship between husband and wife can remain harmonious only through mutual understanding and reconciliation. Otherwise, in the absence of these elements, there is no justification for continuing such a relationship.

The wife has already filed a partition (property) case, received a decision in her favor, and has even registered her share in her own name. In this situation, where she has been living separately at her parental home for years of her own choice, the argument that the marital relationship should be continued merely for the sake of maintaining family identity does not appear reasonable.

A marital relationship can be sustained only when mutual understanding and harmony exist between the parties. When continuous disputes and quarrels have persisted for years—one after another—making it impossible for both parties to live a peaceful life, and when conflict and discord have become constant, there is no justification for continuing such a relationship.

— Supreme Court of Nepal