What is Divorce in Nepal?

The Legal Procedure through which a Marriage is Dissolved is Divorce in Nepal. The Divorce Laws are universally applicable in Nepal, including the city of Pokhara. In the legal framework of Nepal, divorce can be instigated by either mutual consent (voluntary separation) or by one spouse initiating the divorce petition in the court system.

The relationship can also be ended at any time with the consent of both the husband and wife, which is necessary for divorce to be finalised. Nevertheless, in order to initiate a divorce, either the husband or the wife must satisfy certain prerequisites.

What are the divorce regulations and governing bodies in Pokhara?

In accordance with the Muluki Civil Code, 2017 (2074), the Substantive Guide and Measures for Divorce Procedure are specified. Sections 93 to 104 of the aforementioned Act stipulate that in the event of an action or knowledge of an action that may result in divorce, a lawsuit must be filed with the court within three months.

In Nepal, the Kaski District Court is the authoritative body responsible for conducting and concluding divorce proceedings. In the District Court, divorce hearings are held. According to the Civil Procedural Code, District Judges are required to give precedence to divorce cases among the top five cases they handle each day.

How Does One Divorce His Husband in Pokhara?

In Pokhara, a spouse may file for divorce under the following circumstances:

1. Residing apart for three or more years without the husband’s consent, unless they have already obtained their partition share or separated bread and board in accordance with the law.
2. Should the wife deny the husband the payment of maintenance or evict him from the residence.
3. If the wife engages in an act or conspiracy that is likely to cause the husband severe physical or mental suffering.
4. If it is established that the wife was engaged in an intimate relationship with another individual.

What are the procedures for divorcing a wife in Pokhara?

In Pokhara, a wife may file for divorce for the following reasons, even in the absence of her husband’s consent:

1. Residing apart for three consecutive years without the consent of the husband, unless they have already obtained their partition share or separated bread and board in accordance with the law.
2. If the husband excludes the wife from the household or fails to pay maintenance fees.
3. If the husband engages in an act or conspiracy that is likely to cause the wife severe physical or mental suffering.
4. If the husband marries again.
5. When it is established that the husband has engaged in sexual activity with another woman.
6. Should proof be presented that the husband assaulted the wife.

What is the Process of Divorce in Pokhara?

The Detailed Procedure for concluding Divorce Process in Pokhara are as follows:

1. Consult a Lawyer in Pokhara

The individual seeking divorce initiates the process by consulting with a lawyer specialized in family law in Pokhara. Fewa Law Associates houses the leading Divorce Lawyers in Pokhara providing a holistic Divorce Service from Drafting to Partition to additional arrangements.

2. File a Petition at the Kaski District Court

The petitioner formally initiates divorce proceedings by filing a petition at the Kaski District Court. The Petition must be filed with the assistance of the Lawyer and includes several facets of Divorce such as the relevant laws for Divorce, the grounds for Divorce etc.

3. Wait for the Rebuttal and Defense by The Spouse

Upon receiving the petition, the court serves notice to the spouse informing them of the Divorce Filing. After receiving such Filing, the spouse has the opportunity to provide a rebuttal and defense against the allegations.

4. Court Hearing in Kaski District Court

After the Defense, the Judge starts a Short Hearing where both Spouses present evidences if they desire. Further, they add Witnesses and Arguments to prove themselves in the Court. They are allowed the changes to contest the Claims. The Kaski District Judge therefore, evaluates the case.

5. Mediation Period between Spouses

In Most of the Cases, the Judge ascribes a Period of Mediation, usually one year for the reconciliation of Spouses if possible. Both Parties reach a point where either they cancel the Divorce Filing or reach a Mutual Agreement. They also reach agreements on issues of Child Custody and Property Division.

6. Partition of Property after Failure of Mediation

Should mediation prove unsuccessful, the court oversees the partition of property. The Provisions related to Partition of Property have been updated by the Muluki Civil Code and the Spouse is entitled to 50% Property of the other Spouse.

7. Finalization of Divorce

Once all matters are resolved and terms agreed upon, the court issues a final judgment, formally terminating the marriage. This judgment marks the legal conclusion of the divorce proceedings.

What are the Required Documents for Divorce in Pokhara?

A Few Documents are required for filing Divorce in Pokhara which are as follows:

1. Marriage certificate (or alternative proof of marriage if unavailable);
2. Citizenship certificate copy;
3. Passport-sized photograph of the applicant;
4. Evidence supporting the claim (if applicable).

How much does it cost to get Divorce?

The Court Fees, Partition Fees, and Legal Fees incurred throughout the Process typically affect the final price of a divorce. The duration of the dissolution of a marriage proceeding typically surpasses one year, resulting in escalated expenses. An individual may approximate that the proceedings for a divorce could cost in excess of NPR 40,000/-. Nonetheless, the magnitude of the Partition of Property issue directly correlates with its magnitude.

How long does it take to get Divorce?

As Stated Earlier, the complete Finalization of Divorce Proceedings takes upwards of 1 Year and lasts up to 1 year 6 Months or more.

What Happens during and after Divorce Process?

Throughout the divorce procedure, the court examines the entirety of the marriage. As a result, the attorney will be required to comprehend every aspect of the marriage, including the frequent conflicts that arise. The Spouses may also become envious of one another for starting the divorce proceedings. Thus, it is essential to recognise that divorce is a delicate and complex matter that affects the majority of households.

Following the divorce procedure, the most trying aspects include the division of property and the implementation of the division, as well as the disputes over child custody and visiting hours.

Can I claim by Spouse’s Property after Divorce?

Yes, it is a Common Practice, authorized by Muluki Civil Code to claim a Spouse’s Property after the failure of Mediation and during the end-Period of Divorce Proceedings.

How to do Divorce from Foreign Country to Pokhara?

Divorce proceedings can be initiated from a foreign country and transported to Pokhara. Legal professionals or Fewa Law Associates should be contacted for assistance with the procedure. Nevertheless, it is essential to acknowledge that the commencement of the divorce process is dependent on the physical presence of the parties in Pokhara.