Translation: Divorce

Chitwan District Court

Bench

Honorable Judge Mr. Ramesh Prasad Gyawali

Order

Decision No. 395

 In this matter, a joint application requesting settlement (compromise) has been submitted. The entire content of the settlement paper prepared accordingly was read aloud to both parties, and the meaning and consequences were clearly explained. Both parties understood and agreed to settle the case as written and signed accordingly. Therefore, this relationship-establishment case is certified based on Section 193(4) of the National Civil Procedure Code, 2017.

Since a court fee of NPR 500 was filed and the plaint has been registered, and as the settlement has been made before submitting evidence, 25% of the fee shall be refunded in accordance with Section 82 of the National Civil Procedure Code, 2017. Record this case in the diary and submit it to the Record Section as per the rules.

Done and signed on 11th May 2025, Saturday ........................

We, the plaintiff and defendant mentioned below, state that in our relationship-establishment Case No. 2081-CP-1998, between the opposing husband Arjun Kumar Ale and myself, plaintiff Laxmi Garbuja (Ale) — we were married on 24 January 2007 (2063/10/10 BS) and a daughter, Ayusha Ale Magar, was born. Later, due to minor misunderstandings, we obtained a divorce from this Honorable Chitwan District Court on 4 March 2016 (2072/11/21 BS).

Even after the divorce, the opposing husband, Arjun Kumar Ale, showed affection, love, and emotional support and told me that nothing had gone wrong, that we could again live together as husband and wife, and that it would be better for our daughter’s future if we lived together. Because of this, we began living together again. While living together, a son, Ahan Ale, was born on 9 October 2017 (2074/06/23 BS). Since our son was born, even after our divorce, keeping in mind the best interest of the children, we remarried on 20 April 2025 (2082/01/08).

After the remarriage, the opposing husband recently told me that there will not be a good relationship between us, if there is not a good tie between us. Life is not good if there is no legal relationship between you, the plaintiff, and me, the defendant. Later, while we began to live together, the defendant, the husband, denied our marital relationship and asked us to go wherever we wished. Since he has now refused to accept the husband–wife and father–son relationship that existed between us, we have requested the court to establish the marital and paternal relationship under Sections 67 and 74(1) of the National Civil Code, 2017, and Section 8 of the National Civil Procedure Code, 2017.

Defendant’s Reply:

The defendant states that except for the relationship matters mentioned by the plaintiff, the remaining allegations are false. After the divorce, he continued to live with her as husband and wife and always loved her. He has never refused to acknowledge the marital and paternal relationship. He also states that he has always fulfilled all responsibilities of a husband/father and has not spoken any hurtful words. He agrees that if the court declares a husband–wife and father–son relationship between himself, plaintiff Laxmi Garbuja (Ale), and minor Ahan Ale, he has no objection.

Today, although both parties had been engaged in disputes until now, both have agreed to settle the matter. The details of the settlement are that the husband-wife relationship between defendant Arjun Kumar Ale and plaintiff Laxmi Garbuja Ale and the father-son relationship between defendant Arjun Kumar Ale and minor Ahan Ale shall be maintained.

Although we had been scheduled for a court date on 2 June 2025 (2082/02/20 BS), both parties have today appeared with a joint petition requesting immediate settlement under Section 193 of the National Civil Procedure Code, 2017. According to the agreed terms, this settlement document has been written, signed, and submitted to the Chitwan District Court.

Parties (Details)

Plaintiff:

On behalf of the 7-year-old minor son Ahan Ale, grandson of Tuk Bahadur Ale, son of Arjun Kumar Ale, and also on her own behalf—Laxmi Garbuja Ale, daughter of Jit Bahadur Garbuja, wife of Arjun Kumar Ale, age 47, a resident of Bharatpur Metropolitan City, Ward No. 19, Chitwan District.

Defendant:

Arjun Kumar Ale, grandson of Krishna Bahadur Ale, son of Tuk Bahadur Ale, age 48, a resident of Bharatpur Metropolitan City, Ward No. 19, Chitwan District.

Done and signed on 11th May 2025, Saturday ........................