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, Sections 93 to 104. Recent developments in Nepal's legal framework continue to emphasize individual rights and access to fair procedures for both spouses.

Legal Grounds for Divorce in Nepal

Husband or wife, anyone can initiate a divorce process without the consent of the other spouse under the following circumstances:

A. Grounds for Divorce for Husband

• 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

• 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

B. Grounds for Divorce for the Wife

• 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 wife's consent

• If the husband deprives the wife of maintenance costs or expels her from the home

• 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 another marriage

• If the husband is proven to have had sexual intercourse with another woman

Divorce Filing Procedure in Nepal – Step-by-Step

Step 1: Filing of the Plaint in the District Court

The divorce process begins when the plaintiff submits a plaint in the concerned district court. This plaint states the claims and reasons for divorce.

Step 2: Notification to the Defendant

The court serves a notice to the defendant. This can be done by:

• The plaintiff

• Court officials (tameldar)

• The defendant received it directly

Step 3: Written Reply by Defendant

The defendant files a written document explaining their response to the divorce petition.

Step 4: Divorce Mediation Process in Nepal

The court encourages mediation between husband and wife. Mediation is a negotiation process facilitated by the court to help both parties reach a compromise. If successful, the divorce is finalized based on mutual agreement. If not, the case proceeds for a formal judgment.

Mandatory Division of Property Before Divorce

Partition of property is mandatory before a final divorce decision is granted. The court ensures that the marital property is divided fairly between the husband and wife unless exceptions apply.

Conditions Where Husband Is Not Obliged to Give Partition Share

The husband is not compelled to provide a partition share if:

• The wife deprives him of maintenance or expels him from the house

• The wife is involved in a conspiracy or an act that causes grievous harm

• The wife is found guilty of infidelity

Alimony and Maintenance After Divorce

Alimony refers to court-ordered payments made by one spouse to the other after separation or divorce. In Nepal:

• If the wife does not receive a partition share due to the absence of property, she may be granted maintenance

• If the wife is financially independent or earns more than the husband, he is not obligated to provide alimony

Recent updates have clarified the court's discretion in calculating maintenance based on income, financial dependency, and the needs of children, if any.

Documents Required to File a Divorce Case in Nepal

Divorce Process for Nepalese Living Abroad

A divorce can be initiated from abroad by granting a power of attorney to someone in Nepal. This legal representative can appear before the court and handle the process on behalf of the person residing outside the country. The authorized document must be verified through the Nepalese embassy or consulate.

Final Court Verdict on Divorce

If the judge is convinced that divorce is appropriate and all conditions are met, the court delivers a verdict to dissolve the marriage. The court may also issue orders regarding child custody, alimony, and asset division.

Evolving Legal Path for Marital Dissolution in Nepal

The divorce process in Nepal, governed by the Muluki Civil Code 2074, is a structured legal path that provides a fair and balanced resolution for marital breakdowns. The process ensures transparency, protects individual rights, and supports both in-country and abroad applicants through clear legal channels. Whether based on infidelity, separation, abuse, or irreconcilable differences, the 2025 guide continues to reflect the evolving needs of modern relationships while preserving justice for both spouses.