Divorce and Alimony in Nepal: Legal Provisions and Grounds

Divorce is the legal end to a marriage, by the court or other competent body, of a marriage between two people. It generally involves the division of property, child custody and child support, alimony issues, and other arrangements that lead to the dissolution of a marital union.

Substantive provision regarding Divorce is stated in Muluki civil code 2074, Chapter 3, sec 93 to 104.

Husband or wife anyone can initiate a divorce process without the consent of either of the spouses in the following circumstances: -

A. Ground of divorce for Husband.

1. Except where the husband and wife live separately after obtaining their partition share or separating bread and board by law if the wife has been living separately for three or more consecutive years without the husband's consent.
2. If the wife deprives the husband of maintenance costs or expels him from the house.
3. If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband.
4. If the wife is proven to have had sexual relations with other people.

B. Ground of Divorce for the Wife.

1. Except where the husband and wife live separately after obtaining their partition share or separating bread and board by law if they have been living separately for three or more consecutive years without the husband's consent.
2. If the husband deprives the wife of maintenance costs or expels her from home.
3. If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife.
4. If the husband concludes another marriage.
5. If the husband is proven to have had sexual intercourse with another woman.

Alimony, or more commonly referred to as spousal support, is that financial provision given to one spouse after divorce in order to achieve economic balance and fairness. Alimony in Nepal is governed by the National Civil Code, 2017, which outlines the rights and responsibilities of both parties in a divorce settlement. The main purpose of alimony is to support the economically weaker spouse in case such a situation arises after a divorce, and usually when one partner was economically dependent on the other. The quantum and length of awarding alimony would depend on various factors such as the length of the marriage, financial status of both spouses, contributions made during the marriage, and the reason for the divorce.

In Nepal, a woman is usually granted alimony in the case of her having no independent source of income; however, both husband and wife can ask for alimony based on the financial dependency on the other. The final decision of amount and time comes under the discretion of the court for fairness, considering the law. Muluki Civil Code 2074 section 100 states about alimony.

Legal provision relating to alimony are as follows: -

Section 100 of Muluki Civil Code, 2074 states that if the wife who files divorce desires to obtain from the husband a lump sum amount or annual or monthly alimony or expenses, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annually or monthly or expenses on the basis of his property or income.

But in a circumstance where a wife concludes another marriage, it is not required to provide such amount or alimony.

There is a legal provision which makes it mandatory to conclude partition of property before divorce.

Sec 99 of Muluki Civil Code, 2074 states about partition of property to be affected before divorce.

In this provision it is stated that if a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce.

If husband himself has not obtained partition from his father or other coparceners, the court shall cause partition by asking both parties to disclose the coparceners.

If it appears that settlement of divorce may take a long time to effect partition, the court may affect divorce between the husband and wife and order the husband to provide the wife with monthly expenses as alimony according to the property and income of husband until the partition is affected.

If a petition is filed for divorce on the ground,

• If the wife deprives the husband of maintenance costs or expels him from the house.
• If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband.
• If the wife is proved to have made sexual relation with another person.

Then the husband shall not be compelled to provide partition share or alimony to the wife.

In Nepal, there is no any rule that says how much alimony should be. It is totally based on the discretion of judges. Certain factors such as property of husband, income status of husband, debt of husband.

The child under 18 and ex-spouses can get alimony in Nepal.

In Nepal maintenance and alimony are two different things provided to wife. Maintenance cost is provided to wife to support during marriage and alimony begins after divorce, providing wife with continuance assistance.

Divorce alimony in Nepal is a significant legal provision that aims at guaranteeing financial stability and fairness to the economically weaker spouse after the marriage is dissolved. Governed by the Muluki Civil Code 2074, alimony will be determined with regard to length of marriage, financial status of both spouses, contribution during marriage, and also the reasons for divorce. Even though women usually get it, men can claim alimony in court if financially dependent.

The law allows, before decreeing divorce, the properties must be divided equally so that both are given a fair-share asset; in case infidelity is brought proven against a wife, or a situation where the wife compelled the husband out from the house, then the wife may be deprived from this alimony concept. Based on the above reason, having no fixed amount specified, one's discretion from husband income-asset burden may decide that at court discretion, it may conclude it. After all, alimony in Nepal is meant to be financial security but with legal fairness.