Comprehensive Guide to the Divorce Process in Nepal - 2025

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.

Divorce process in Nepal

• Step 1: Filing of plaint of divorce by the plaintiff in the concerned district court
• Step 2: Notice to be provided to the defendant.
• Step 3: Defendant files the written reply.
• Step 4: The process of mediation is started between husband and wife.
• Step 5: Division of property is mandatory before the Divorce.
• Step 6: Final decision by the court.

Documents required for filing a divorce case in Nepal

• Plaint of divorce.
• Marriage registration certificate
• Photos of marriage if marriage is not registered.
• Recommendation of temporary residence (if required)
• Citizenship
• Photos (If applicable)
• Birth certificate of child (If applicable)

1. Filing of the plaint of divorce.

Plaint is a document stating the claims. The plaintiff has to file the divorce petition in the concerned court.

2. Notice to be provided to the defendant.

The notice of the plant can be provided to the defendant in the following ways:-

1. Plaintiff itself
2. Court officials (tameldar)
3. The defendant itself

3. Defendant files the written Reply.

A written reply is a document of defense provided by the defendant as a reply to the plaint.

4. Process of Mediation

Mediation is the process where both parties to a case negotiate their terms for divorce to conclude. If both parties agree to the mediation the case is officially closed after signing the document of compromise.

If mediation is not agreed then the case is again sent to the judge for final judgment.

Partition of property is mandatory before divorce.

This a mandatory clause in a marriage where the property should have been divided between husband and wife before being divorced.

6. Final Decision of court.

If the Judge is convinced or finds it appropriate to grant the divorce then the judge may give a verdict for divorce.

A condition where the husband is not compelled to provide a partition share of his property.

• 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 grievous hurt or other severe physical or mental pain to the husband.
• If the wife is proven to have had sexual relations with other people.

Alimony

Alimony refers to court-ordered payments awarded to a spouse or former spouse within a separation or divorce agreement.

Alimony or maintenance cost is granted to the wife if the partition share is not provided due to the reason of not having property.

If the wife earns more than the husband then the maintenance cost is not to be borne by the husband.

• The divorce process can be initiated by people living outside Nepal by giving authorized power of attorney to anyone willing to represent the case in their behalf.

The divorce process in Nepal, governed by the Muluki Civil Code 2074, provides a structured legal framework for the dissolution of a marriage. Both spouses can initiate a divorce under specific grounds, including separation, deprivation of maintenance, or infidelity. The process involves several steps, starting with the filing of a divorce petition, followed by notice to the defendant, and a chance for mediation. If mediation fails, the case proceeds to court for a final judgment. Property division is a mandatory step before divorce, ensuring equitable distribution. Alimony may also be awarded, particularly if the wife is financially dependent on the husband. The divorce process ensures fairness and provides an avenue for those living abroad through power of attorney. Ultimately, this legal process aims to address marital disputes comprehensively, ensuring that both parties' rights are upheld.