FAQ

Divorce in Nepal

Who can file divorce case in court?

Husband or wife both can file the divorce petition in the court. According to the article 93, 94 and 95 under provision relating to divorce of the muluki civil code husband or wife can file the case in the court. But in muluki Ain there was not the provision to file divorce case by the husband against wife in district courts of Nepal.

What is the law of divorce in Nepal?

Nepal has the special law for divorce. Muluki Civil code 2074 is the primary law for divorce. Husband and wife both have power to file the case of divorce in district court. Legally married husband and wife can file the case of divorce against husband or wife.

Can wife claim husband property after divorce in Nepal?

No, wife can’t claim in property of husband after divorce. So article 99 of provision relating to divorce says that every husband and wife should do the partition before or throughout the process of the divorce between husband and wife.

Can husband claim the property in the name of wife?

Yes, husband can claim the property of wife and wife can claim the property of husband.

Can I apply the divorce petition to my husband/wife from abroad Nepal?

Yes, you can apply the divorce through the power of attorney. But you directly can’t apply the case from online or any other ways.

how long time it will take to complete the divorce process?

It will depends on the divorce model. if you both husband and wife are ready for divorce the process will complete within 2/3 days. if not it may take 1 year around.

what is the role of lawyer my divorce case?

In divorce case there is huge role of lawyer, because in divorce, drafting plays the vital role in your case. Divorce document is the application that should demand the right of applicant specially right of property, right of security after divorce, right of confident of your documents, submit your legal document in court, giving the important suggestion, and ensure the right of children if any and transfer the property after decision.

Is polygamy legal in Nepal?

The polygamy is illegal in Nepal according to the prevailing divorce law of Nepal. The muluki criminal code of Nepal 2074 bands the polygamy to husband and wife. If you do this you may punish one to five years jail sentence. But if husband and wife separate with property then he/she can do.

What is the basic divorce process in Nepal?

you have to follow following process to complete divorce process:

  1. petition to be filed
  2. send the notice to husband/wife
  3. submit the reply by the opposite party
  4. try to solve the problem through mediation
  5. decision will made by the judge

 

 

 

 

 

 

 

 

 

 

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