Divorce between wife and husband in Nepal: What does Civil Code 2018 say?

The new Civil Code was introduced in Nepal in August 2018 repelling earlier Country Code that was introduced in 1963/64.

The provision related to getting divorce provided under Chapter 3 of "Provisions related to Divorce". There are specific provisions which has allowed both wife as well as husband initiate to divorce (Clause 93).

When does a husband initiate a divorce?

The following conditions are set forth by the law (Clause 94):

• If the wife stays away from the husband for a consecutive Three (3) years or more without consent. 
• If the wife forces/banishes the husband by not providing adequate food or clothing. This was much applicable in the case of wife only in previous law. 
• If the wife commits and or conspires to commit any incidents that results to the deformity in the physical organs or mental suffering of the husband. 
• If the wife is proven to have established sexual relationship with others. 

When does a wife initiate a divorce?

The following conditions are set forth by the law (Clause 95):

• If the husband stays away from the wife for a consecutive Three (3) years or more without consent. 
• If the husband forces/banishes the wife by not providing adequate food or clothing. 
• If the husband commits and or conspires to commit any incidents that results to the deformity in the physical organs or mental suffering of the wife. 
• If the husband conducts a next marriage
• If the husband is proven to have established sexual relationship with others. 
• If the husband is proven to have raped the wife. 

How do either party initiate?

Either parties that wants to initiate divorce should file a petition before the Court of law. (Clause 96)

Author's Impression towards the newer provisions

The author has following impressions: 

1. The new provisions have ensured an equal scope for both husband and wife initiate divorce. The earlier laws were not generous in allowing husbands initiate the divorce. 

2. In earlier setup, if a husband wanted to initiate divorce, he was supposed to go through various formalities prior to reaching the court i.e. discouraging husbands to initiate. But the change in the law has defined court as the place for both to reach. 

3. The new law is still rigid in terms of considering wife dependent with the husband. In terms of husband providing money for subsistence, the earlier provisions are continued where the wife, if initiates the divorce, a certain amount of husband's earning goes to the living of the wife.