Divorce is a legal remedy towards dissolving a marriage or putting a marriage to an end. Civil Code 2017 is the law that governs Divorce processes in Nepal. There are two basic ways of getting divorce: Divorce with mutual consent and Divorce without mutual consent.
Divorce with mutual consent
Divorce with mutual consent is the most easiest and quickest means of getting divorce when both the husband and wife mutually agree (consensus) to get divorce without any second thoughts. To get to a consensus, there are basically three parameters of consideration – maintenance, alimony, custody of child. There is no minimum or maximum limit of maintenance according to law and thus, it could be of any figure or zero. Child Custody can also be worked out effectively between the parties to divorce. Child Custody can be shared or joint or exclusive depending upon the understanding of the parties to the divorce.
Divorce without mutual consent
Divorce without mutual consents are such contested divorce where only one of the parties agree to get separated and not the both. There are separate grounds to file divorce petition for man and woman and the husband or wife may trigger divorce even without the consent of the respective spouse in any of the following circumstances.
Conditions for a husband to get a divorce (National Code Civil Code 2018 – section 94)
- Unless legally separated, if the wife is living separately for more than 3 years without his permission.
- If the wife does not allow husband to subsist, deprives from maintenance or expels him out of their home.
- If the wife plans, or acts, or conspires to inflict physical or mental torture on husband, to take his life, or physically injure or grievous hurt.
- If the wife has sexual relationship with someone other than the husband.
Conditions for a wife to get a divorce (National Code Civil Code 2018 – section 95)
- Unless legally separated, if the husband stays separate from wife for more than 3 years without her permission.
- If the husband does not allow wife to subsist, deprives from maintenance or expels him out of their home.
- If the husband plans, or acts, or conspires to inflict physical or mental torture wife, to take her life, or physically injure or grievous hurt.
- If the husband marries another woman.
- If the husband has a sexual relationship with other woman.
- If the husband has raped wife, as defined by rape laws.
Conditions or Grounds for Divorce
- Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery.
- Cruelty – A spouse can file a divorce case when he/ she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health. The intangible acts of cruelty through mental torture are not judged upon one single act but a series of incidents.
- Desertion – If one of the spouses voluntarily abandons his/ her partner for at least a period of three years, the abandoned spouse can file a divorce case on the ground of desertion.
- Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.
- Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together.
- Leprosy – In the case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.
- Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse.
- Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.
- Not Heard Alive – If a person is not 1seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.
- No mediation– It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.
Duration of Divorce Process
The duration of a divorce can take from 3 days to 12 months, depending on the decision of the court. It does not take longer upon mutual consent.
Required Documents for Divorce
- Any proof of Marriage (Marriage Certificate, Photo, Video etc),
- Copy of citizenship certificate,
- Applicant’s Passport sized photograph,
- Evidence to prove the claim for divorce (if any).