Marriage is supposed to be a blissful journey, the union of two different souls. No two people should be forced to live together if they think they will be happy without seeing each other. Divorce Law Firms and Lawyers in Nepal have admitted that there has been significant increase in number of divorce cases in last fiver years because of the increase in awareness and because of the steps that have been taken for woman empowerment.
Divorce law in Nepal is somewhat biased. Women can easily apply for divorce. Given below are some of the Frequently Asked Questions (FAQ) related to divorce in Nepal.
What is the divorce process for wife?
Divorce law has been drafted in such a way that wife can easily get divorce from her husband by directly applying at the court.
What is the divorce process for husband?
Divorce process for husband is very much difficult in comparison to divorce process for wife. He can not directly file for divorce in a court. He needs to apply for divorce in his VDC or ward. The authoritative person from the VDC or ward will then investigate whether the reason that the husband had given for wishing to get divorced is true or false. If the government personnel find your reasons to be true, the file will be sent to the court. The judge then decides whether to approve divorce or not.
Under what conditions can husband give divorce?
Husband can divorce his wife if the wife stays away from her husband for 3 or more years consecutively without the approval of her husband or if she is found to be engaged in life threatening activities against her husband or if she runs away with another man.
Under what conditions can wife apply for divorce?
Wife can apply for divorce if the husband is engaged in polygamy or if the husband does not provide her with food and clothing or if he lives away from her continuously for 3 or more years or if he is found to be engaged in life threatening activities against his wife or if he tries to rape her or if her husband is impotent.
They can also get divorce if both husband and wife agrees to it.
Recently, many woman have come forward and asked for divorce but it can not be seen as an example of woman empowerment because in reality, the husbands are forcing their wives to get divorce because it is easy and fast for women to get divorce than for men. Legally, wife can get alimony from husband only if it is proved in court that the reason for divorce was a husband.
It is wise to take family counselling and the better option is to try and reconcile between husband and wife since divorce process can continue for many months.
List of Divorce Law Firms and Lawyers in Nepal
Neupane Law Associates, Kathmandu Phone No.: +977-1-4101631
Polestar Legal Advice & Research Center (PLARC), Kathmandu Phone No.: 2003449
International Law Associates owned by lawyer Anita Sapkota Chapagain
Mainali Law Office owned by Bishwa Kanta Mainali Phone No.: +977-1-4429444
Forum for Law & Justice, Bijulibazar, Kathmandu Phone No.: +977-1-4248937
Legal Aid and Consultancy Center (LACC) is providing free legal aid including counselling, paralegal services and court representation to women and children who are poor and who can not stand for themselves.