Divorce Lawyer in Nepal: Divorce Process in Nepal

Divorce Lawyer in Nepal: Divorce process in Nepal

(This article includes only divorce process only in Nepal)

Valid divorce or termination of marital (marriage) relationship only concludes if done in the court. Muluki Civil Code 2074, Chapter on Divorce deals with the divorce process in the court of Nepal.

What is Divorce?

  • Divorce is the legal termination of marriage existing between husband and wife by a court or other competent body.
  • Dissolution of marriage between legally married spouse.

Grounds for divorce:

  • Basically, as per new National Civil Code of Nepal, 2074, there are certain conditions for both husband and wife to file divorce petition in the court;

Legal Grounds for Divorce For Husband:

  • If the wife has been living separately for more than three consecutive years without the consent of the husband.
  • If the wife deprives the husband of the maintenance costs or expels him from the house.
  • If the wife commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the husband.
  • If the wife is proved to have made sexual relation with another person.

Legal Grounds for Divorce For Wife:

  • If the husband has been living separately for more than three consecutive years without the consent of the wife.
  • If the husband deprives the wife of the maintenance costs or expels her from the house.
  • If the husband commits the act or conspiracy likely to cause the grievous hurt or severe physical or mental pain to the wife.
  • If the husband concludes another marriage.
  • If the husband is proved to have made sexual intercourse with another woman.
  • If the husband is proved to have raped his wife.

Types of Divorce process in Nepal: Divorce Lawyer in Nepal assist to solve your marriage problems 

1. Mutual Consent Divorce -Two Days Court Process.

Dissolution of marriage between husband and wife at any time from their mutual understanding.

Court Process :  2 days procedure

1st day in the Court 

a. one party shall file the divorce petition in the concerned court mentioning the grounds for divorce

2nd day in the Court 

a. Both the parties or POA if appointed should present in the court.

b.  other party shall give the reply of the petition.

c. both the parties shall submit mutual application stating their consent for divorce

d. and if it seems to have followed complete procedure along with all necessary required documents and if the judge finds it appropriate then divorce is concluded between husband and wife.

2. Divorce by Court Order- Takes more than a year.

Divorce by Court’s Order

  • When the husband or wife file for a divorce in the court not having mutual agreement, in this phase the court grants the divorce after examining the overall documents, evidence presented by the parties, arguments by the lawyers and so on.
  • Long process of a year might take a whole year or more for final verdict.

 

Divorce process in Nepal: Divorce Lawyers in Nepal
Fig: Divorce Process in Nepal

Required Documents for mutual consent divorce for Nepali citizens

  • Citizenship of both husband and wife
  • Marriage registration certificate (if not then, marriage photos will work)
  • Child birth certificate (if having any child)
  • Power of Attorney (POA) or Authorized Adhikrit wareshnama
  • Passport size photos (2 copies each)
  • Temporary residence document (if either one or both the parties be the citizen of any other district)

Required Documents in case of Nepali citizen living in foreign land 

  1. One additional document is required, i.e, Authorized Power of Attorney (POA)/ Adhikritwareshnama authorized by the Nepalese embassy in foreign country.
  2. Citizenship copy of the husband or wife or both.
  3. Marriage certificate
  4. Citizenship copy of the POA who is to represent on behalf of the husband or wife living abroad.
  5. Child birth certificate if any
  6. Passport size photos of the husband or wife and of assigned attorney (2 copies)

Required Documents in case of both citizen are foreigners:

  1. Both foreigners if present in Nepal must appear in court
  2. If they are not present physically, Power of Attorney (POA) is mandatory that must be notarized by notary lawyer in their country
  3. Passport copy of both parties
  4.  Marriage Certificate
  5. Child birth certificate if any
  6. Passport size photo 2 copies of both

Who can file the Divorce case in Nepal ?

Either Husband or wife can only register divorce case in the district courts of Nepal

  •  Verified Power of Attorney (POA) from Nepalese embassy in foreign country can file divorce case in Nepal on either spouse residing abroad.

Where to file divorce case  in Nepal: 

  • District court of husband and wife’s permanent or temporary address.
  • Also, in the district court of temporary address. But temporary residence recommendation of ward office is mandatory.

Divorce Court Process by Court Order:

  • Petition is to be filed by either wife or husband.
  • After petition has been filed, the court then provides notice of petition to another opponent party.
  • Another party then appears in the court with his/her written statement or reply.
  • Then, the trial procedure begins in the court.
  • Witness examination is conducted.
  • The parties are sent for mediation in order to reconcile between them.
  • If both the parties are unable to reconcile from the mediation process, then other court proceeding begins.
  • Examination of evidence and the court passes any kind of order in different phase of trial process.
  • Division of property among the Coparceners if party has claimed property.
  • Divorce to be granted in the final verdict of court.

Step wise Divorce Process  by Court Order:

Step 1:  Lawyer will draft  divorce petition and register including required evidences

Step2: Court will send Summon(notice) to your opponent wife/husband

Step3: Submission of counter reply from your spouse registered within 21 days (addition 15 days) after he/she receives notice of petition form court.

Step 4: Trials starts

Step 5: Court orders for evidences submission.

Step 6: Witness examination

Step 7: Reconciliation through mediation order might be provided from bench. (Two times)

Step 8: Final order/decision

Cancellation of marriage registration from ward office if have registered in Local Authority i.e. Ward Office 

  • After the conclusion of divorce, registration of marriage certificate is to be cancelled from the concerned ward office
  • Either one party or both be present along with the divorce certificate and citizenship in the ward office for the process of marriage registration certificate cancellation.

Note:  Along with divorce, additional cases such as property division, child custody, alimony petition might be claimed. But court proceedings are same for additional subsequent cases.

If divorce is caused because of husband’s reasons:

  • Wife demanding partition of property between husband and wife is claimed in the court.
  • Property registered in the name of both husband and wife or anyone of them, such property shall be divided between them
  • In case of his undivided family property/ court will disclose other co-parceners and cause partition between husband’s family,
  • Only one portion of property achieved by husband will be split equally with wife and her children (if any).

Alimony for wife and Children by Husband:

  • Until unless divorce case continues in the court, husband need to provide monthly expenses as per the income till final decision of  the court.
  • Wife if desires lump sum of amount as annual/monthly expenses instead of husband’s property portion court may order accordingly.
  • If husband do not have any property but has monthly income, court order to provide maintenance cost to wife as per the income of divorced husband.

Husband is not liable to provide property and alimony to wife in following Conditions:

  • Wife if expels husband from house,
  • Wife if commits conspiracy and hurt mentally & physically to husband
  • Wife proved of having sexual relation with another person

Disclaimer: All contains available here are for general information purposes. Proper legal solution always depends on your particular circumstances thus seek the advice from an attorney who can provide assurances of the  information contained herein and interpretation of it.  All liability with respect to actions taken on the basis of site’s information hereby expressly disclaimed. 

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