When a couple wants to sever the marriage, the process begins from the court. Applying consent application by male and female, the court concludes a marriage relationship between the spouses in line with the divorce law in Nepal. The marital relationship ends with the divorce. Once the court issues a divorce certificate the couples become eligible to remarry to any single character. According to the Nepali dictionary, divorce means live separately. Chapter 3 of the National Civil Code 2017 provides for the provisions relating to divorce in Nepal.
A married couple can get divorce in two ways such and by mutual understanding and the other with the verdict of the court. Any party may file a lawsuit with the relevant district court for divorce with necessary documents and the court calls two parties and finalize the relationship with the consent of the parties.
According to Article 93 of the National Civil Code 2017, the relationship can be dissolved at any time if both the husband and wife agree to a divorce. Even if it is not the fault of either husband or wife, the relationship can be dissolved at any time with mutual understanding. As consent of the party, the relationship can be put to an end by either taking a share in the property or not taking. When the couples decide to pursue a divorce then the property details should be taken into account. The property shall be shared between the couples in an equal manner unless they agree to divorce mutually. In case of a child/ children, the couples should agree as to who will have custody of the child and how to share the responsibility of child support. In case of the agreement between the couples, the divorce process may be concluded in two working days.
It takes two working days to conclude a divorce process if all documents are ready in the event of the agreement reached between the couples. A joint petition is submitted to the relevant district that clearly states the consent of the couples. The Judge reviews the petition along with the supporting documents that are submitted before the court and if sees fit then signs and approve the divorce.
It is affordable and easier to file for a divorce when the couples agree to pursue a divorce mutually. You just need a lawyer to appear before the court for a simple process or if you collect genuine documents, you can directly appeal and stand before the court. The court proceedings end may be in two working days.
When a person is not consent mutually, there begins a a legal battle for a long time and arise financial issues as well. The parties shall be guided by the lawyers and it may be costly. In the event of divorce with mutual consent, the divorce process comes to an end in two working days.
In the divorce case, if a woman does not claim a share in the property when filing for a divorce with mutual consent, it does not take a long time. It a female wants to sever relationship withot taking a share of property, the male cannot stop her wish. However, the laws of the nation has promoted women for entitlement of property rights. As they do not want to go through a lengthy divorce process thus decide not to calculate and claim the share in the property.
The disputed parties file for a divorce with the relevant district court in case of a disagreement between the couples. There are different grounds for filing for a divorce for the husband and wife while they choose to file a lawsuit against each other.
Not only the female, but also a male can file a case for divorce in Nepal. There are four conditions on which the husband can file for a divorce. The conditions are as specified below:
- In case the wife has taken her share in the property and is living separately from the husband without informing him for three consecutive years.
- If the wife throws the husband out of the house.
- If the wife perpetrates physical and mental torture against the husband.
- If the wife indulges in a sexual relationship with another man.
And wife can get divorce as well
- If the husband abandons the wife and is not aware of her whereabouts.
- If the husband is living on his own for three consecutive years without his wife knowing it.
- If the husband indulges in a sexual relationship with a woman other than his wife.
- If the husband inflicts physical and mental torture against the wife.
- If the husband remarries without the consent of the wife
- If the husband forces sex on the wife without her consent.