Saroj Bista's Blog

Unlike the previous, the new Civil Code 2018 has provided a list of consequences that comes out of marriage between the two parties. I would say this very progressive as it has recognized the co-existence as well as mutual cooperation among two parties that commence right after marriage. Interestingly, I see those provisions already into practice as social values. But it is important that we have now those codified as law.  Here are a list of provisions in a simplified way:  Relation and Liability of Husband and Wife (86) There should be love and affection present between husband and wife.  The husband and wife should establish a family life by living together.  The husband and wife should support, protect and respect each other.  Husband's home to be regarded as the house house of residence (87) Until the husband and wife mutually choose to reside elsewhere, the residence of the wife is considered to be at her husband's home.  Re...

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 div...