The legal provision related to getting a divorce changed in the new national civil code of Nepal (thereafter civil code). The new National Civil Code was enacted in Nepal in August 2017 it came into force in 2018, by repelling the earlier National Code that was introduced in 1963/64 (2020 BS).
In the code, the provision regarding divorce is provisioned in Chapter 3 of “Provisions related to Divorce”. There are specific provisions, that both wives and husbands are allowed to initiate for divorce.
Section 93 of the civil code stated that “if both the husband and wife so desire, they may divorce the relationship of husband and wife at any time.”
The condition when does a husband initiate divorce
As per section 94 of the civil code, the following circumstances or conditions where a husband can effect divorce even without the consent of the wife;
- If the wife stays has been living separately from the husband for a consecutive three (3) years or more without the consent of the husband. But, the husband and wife are living separately after getting their partition share or separating bread and board is not applicable.
- If the wife deprives the husband of expelling him from the house, and/or banish the husband by not providing adequate food or clothing.
- If the wife commits an act and or conspires to commit any act or likely to cause the grievous hurt or other severe physical or mental pain to the husband.
- If the wife is proved to have made a sexual relationship with another person.
When does a wife initiate a divorce in the following conditions;
The following circumstance or conditions where a wife can initiate divorce as set forth under section 95 of the civil code.
- Except where the husband and wife are living separately after getting their partition share or separating bread and board in accordance with the law, if the husband has been living separately for three or more consecutively years, without consent of his wife,
- If the husband deprives the wife of maintenance costs or expels her from home,
- (c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental
pain to the wife,
- If the husband concludes marriage with another person,
- If the husband is proved that to have made intercourse with another woman,
- If the husband is proved to have raped the wife.
Procedures to initiate divorce
Any party who wants to start the divorce, s/he should register divorce suits in the related district Court according to 96 of the civil code.
Additionally, the new legislative provision guaranteed an equivalent scope for both a couple to start the divorce. As per the previous law, only the wife had file the suits of divorce. The new provision is liberal the old one.
In old legislation, if a husband wanted to begin for divorce, he was supposed to go through various formalities prior to reaching the court.