Divorce Process & Laws in Nepal

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

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;

• 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 grievous hurt or severe physical or mental pain to the husband.
• If the wife is proved to have had a sexual relationship with another person.

• 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.

1. Mutual Consent Divorce: Two-Day Court Process

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

Court Process: 2-day procedure

1^st day in the Court 

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

2^nd day in the Court 

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

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

c. Both parties shall submit a mutual application stating their consent for divorce

d. And if it seems to have followed the complete procedure along with all necessary 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.

• 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)

1. One additional document is required, i.e, Authorized Power of Attorney (POA)/ Adhikritwareshnama, authorized by the Nepalese embassy in a 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's birth certificate if any
6. Passport-size photos of the husband or wife and of the assigned attorney (2 copies)

Either the husband or wife can register a divorce case in the district courts of Nepal

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

• 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.

• The petition is to be filed by either the wife or the husband.
• After the petition has been filed, the court then provides notice of the petition to the other 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 parties are unable to reconcile from the mediation process, then other court proceedings begin.
• Examination of evidence and the court passes any kind of order in different phase of trial process.
• Division of property among the Coparceners if a party has claimed property.
• Divorce to be granted in the final verdict of the court.

Step 1: The lawyer will draft a divorce petition and register it, including the required evidences

Step 2: Court will send Summon(notice) to your opponent wife/husband

Step 3: Submission of counter reply from your spouse registered within 21 days (an additional 15 days) after he/she receives notice of the petition from the court.

Step 4: Trials start

Step 5: Court orders for the submission of evidence.

Step 6: Witness examination

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

Step 8: Final order/decision

• After the conclusion of the divorce, the registration of the 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, and alimony petition might be claimed. But court proceedings are same for additional subsequent cases.

If Divorce is caused by the 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 any one 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 the husband’s family,
• Only one portion of the property acquired by the husband will be split equally with wife and her children (if any).

Alimony for wife and Children by Husband:

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

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

• Wife if she expels husband from the house,
• Wife if commits conspiracy and hurt mentally & physically the husband
• Wife proved having a sexual relationship with another person