Divorce Law in Nepal
Divorce in general sense is the end of a marriage relationship formally. In legal sense divorce is the dissolvent of a marriage relationship approved by the concerned court. In Nepal, District Court has jurisdiction over Divorce cases.
The National Civil Code 2074, being the governing code has exclusively mentioned the provisions relating to divorce in Chapter 3.
Matters concerning divorce in The National Civil Code, 2074:
Who can apply for divorce?
Any husband and wife desiring for the dissolution of their conjugal relationship can apply for divorce. Divorce can be filed even by wife or husband without the consent of other party.
What are the grounds for filing divorce without the consent of the other party?
By the provision under the existing civil code following are the grounds that must be met to file for divorce without the consent of the other party:
What is the procedure to effect divorce?
The National Civil Code 2074 has prescribed the couple desiring to divorce to follow following procedure:
In order to effect divorce, the first step is to file a petition in the concerned District Court. Whether the divorce is mutual or not, filing of petition in must.
After the filing of petition the court is obliged to facilitate such couple with mediation session to remind and conciliate them to the possible extent.
The next step after the mediation is court procedure which are listed order-wise below:
What are conditions of property partition?
In case of the property partition between the divorces parties, following are the provisions:
What are the conditions for obtaining alimony?
If the divorce is caused by the husband, the wife may demand a lump sum amount or annual or monthly expense or alimony from the husband instead of partition share. The court may order the husband to provide such wife with a lump sum amount on the basis of his property or income.
However if the divorcee wife concludes second marriage, providing alimony is not required.
What are the conditions for obtaining Maintenance costs?
If the divorcee wife who has not obtained partition share from her husband for there is no property for partition, desires to receive maintenance costs from the husband and the husband has income, the court may order the husband to provide the wife with maintenance costs according to the income of the divorced husband.
However the wife can’t obtain maintenance cost in following mentioned conditions:
Who can get the Custody of the child?
For providing the custody of the child, the court consider following aspects:
Disclaimer: This writing is prepared to share general information only and for legal purposes, advice of legal professionals is must.
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