Divorce is the dissolution of marriage and matrimonial bonds between a married couple as per the existing law of the country. In the case of Nepal, the Civil Code and Civil Procedure Act 2017 have stated provisions regarding divorce.

In Nepal, a husband and wife desirous to bring their relationship to an end, need to submit an application to the concerned district court. However, if any of the parties want to get a divorce without the consent of the other party then an application is to be submitted to the concerned district court which needs to fall under any of the mentioned circumstances.

  1. If any of the parties is living separately for three consecutive years or more without consent.
  2. If any of the parties deprives another party of maintenance costs or expels him or her from the home.
  3. If any of the parties commits an act or fraud which is likely to cause death or grievous hurt or, any greater physical or mental pain to the other party.
  4. If any of the parties is proven to have committed adultery.

Further, if the case of divorce is filed with the consent of both or, filed by either party, the court shall make a partition of property. In case, the husband has not obtained partition from his father, the court shall ask to list out all the coparceners and shall partition the property among them.

However, if a wife does not desire to receive any property she shall have to mention the same in the application she files.

A wife is also eligible to receive maintenance costs from the husband. If the husband has a decent source of income, the court may order the husband to pay maintenance costs to the wife according to his income. However, if the wife concludes another marriage then such payment shall be called off.

A.H.N. Legal holds expertise in representing parties in relation to various family-related legal issues.

Note: This write-up should not be considered an expert legal opinion. This has been drafted only for the purpose of a general understanding of the subject matter.

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