Can a husband file for divorce in Nepal?

Situations where the husband may seek divorce

Divorce is the legal dissolution of a marriage between a husband and wife. Since ancient times, divorce has been legal in Nepal. Although the ancient Nepalis believed in religion, it was also provided for in the National Act of 1910 B. S.

The aforementioned provision has also been incorporated into the new National Act 2020. Only women could file for divorce in court until 2074 BS. After the Civil Code was implemented in 2074 BS, even husbands could file for divorce.

When the husband files for divorce in court, the court asks for plenty of solid evidence. The court may refuse to grant a divorce if there is no evidence.

A husband has the legal right to divorce his wife.
The husband may file for divorce under the following conditions, according to Article 94 of the Civil Code of 2074:

Separation as a result of a legal Property Division

If the wife has already filed for the property, taken her share of the property, and is now living separately, according to Civil Code 2074. After that, the husband can file for divorce.

Even if the wife has taken her rightful property share and is living separately, she is still pursuing her family identity and meeting all of her family’s obligations. The husband cannot file for divorce in this situation.

After the legal division of the property, a situation in which the wife, despite living apart, continues to fulfill all of her family responsibilities cannot be classified as separation. As a result, the husband cannot obtain a divorce.

There are numerous such cases that have occurred in Nepali courts. Here’s an example:

Puran Shamsher Ja Ba Ra vs. Kiran Rana under Ne. Ka. Pa. 2075 Ni. Na. 9999 is one such case. In this case, wife Kiran Rana legally obtained her property share in order to care for her children and mother-in-law. However, she remained separate and maintained her family identity while performing all of her duties and obligations.

As a result, the husband did not receive a divorce. Krishna Sherchan and Padma Kumari Sherchan divorced in another case under Ne. Ka. Pa. 2067 Ni. Na. 8487.

Padma Kumari Sherchan, the wife in this case, not only took her rightful property share from her husband, but she also transferred the property into her name. However, she stayed in her paternal home as she desired for 22 years. But she refused to divorce in order to keep her family identity. Under these circumstances, the husband is granted divorce by the court. The court explicitly stated that it is not correct to claim that the wife fulfilled her obligations to her husband’s family.

She has transferred ownership to her name as well as that of her husband. She did, however, spend 22 years in her paternal home, as she desired. However, she refused to divorce in order to maintain her family identity.

The husband is granted divorce by the court in these circumstances. The court explicitly stated that claiming that the wife fulfilled her obligations to her husband’s family is incorrect.

Padma Kumari Sherchan, the wife in this case, not only took her husband’s rightful property share, but she also transferred ownership to her name. She did, however, spend 22 years in her paternal home, as she desired. But, in order to keep her job, she refused to get a divorce.

She has transferred ownership to both her and her husband’s names. She did, however, spend the desired 22 years in her paternal home. She refused to divorce, however, in order to preserve her family identity. I

n these circumstances, the husband is granted divorce by the court. The court stated unequivocally that claiming that the wife fulfilled her obligations to her husband’s family is false.

Divorce without mutual consent

Everywhere in the world, there is a provision that the relationship will be automatically dissolved if one of the spouses lives separately for three years or more. In India, Section 13 clause (ib) subsection (1) of the Marriage Act 1955 clearly states that if one of the spouses lives separately without any reasonable cause, without the consent of the other spouse, or against the will of the other spouse, the other spouse will be granted divorce.

The definition can be found on page 243 of the third edition of Halsbury Law of England. Desertion is defined as the intentional permanent abandonment of one spouse by the other without consent or reasonable cause.

As a result, leaving the house without consent, staying away from home for no reason, and failing to make a good faith effort to return home are all legal grounds for the husband to file for divorce.

In Nepal, too, the husband can divorce his wife if they have been living apart for three years or more without his consent, according to Subsection Ka of the Civil Code 2074.

Divorce petition Nepalis are increasingly looking for work abroad. When she went abroad for work, she could not have stayed outside or lived separately without her husband’s permission. We can also use the previous example in this case.

The dispute between Kiran Rana and Puran Shamsher Ja Ba Ra is one example. Puran Shamsher, the husband in this case, left the house and is now living separately. While his wife, Kiran Rana, was caring for the family at her in-house, law’s .

As a result, in this case, it cannot be claimed that the wife was staying apart against her husband’s consent and will. If the husband abandons the family, however.If the husband leaves the house to avoid all of his responsibilities to his family, he may file for divorce without the consent of his wife

Forcible eviction from the home

In Nepal, the husband is legally and socially obligated to look after the welfare of his wife. The husband is responsible for his wife based on his social status, according to the principle of sustenance of Hindu rites and customs.

The husband’s duty to support his wife is classified as both an Imperative duty and a solemn obligation. The husband is responsible for his wife in Nepal because it is a patriarchal society. If the husband is unable to work or care for the family due to illness or disability, and the wife is the sole breadwinner. If the wife abandons her husband in poverty, destitution, and starvation.

Physical and psychological torture

Physical or mental suffering, as well as torture, have been used as primary grounds for divorce in every country, including Nepal. The Civil Code 2074 does not define the type and extent of physical and mental suffering, injuries, and torture that can be used to file for divorce.

In this case, we must consider foreign law. Mental distress was clearly defined in the United Kingdom’s La Brocq vs La Brocq (1964) 3 All ER 464 and the Supreme Court of India’s Distane vs Distane AIR 1975 SC 1534 and V Bhagat Vs D Bhagat AIR 1994 SC 710. As a result, the court uses the example of the UK and India.

The high court of Karnataka, India, published Shreekant B. Manchand A. I. R. 1980 Karnataka 8, in which it was stated that a person’s social status also determines the measure of mental distress. Thus, mental distress must be assessed in light of the norms of the society in which the husband and wife live, as well as the status of both husband and wife and their family environment.

The husband’s character, way of life, status, custom, and tradition all influence whether the wife’s behavior toward him can be classified as a source of mental stress and torture.

• The case of Bhagat vs. D Bhagat provides an excellent explanation of the issue’s mental distress. The term “mental distress” was defined broadly as behavior or mental sufferings that would make living with others impossible for the party.
• Mental distress must be severe enough that the parties involved cannot live together.
  The situation must be such that the sufferer cannot be expected to put up with such behavior while still living with the source of the suffering.
• When making such a determination, consider the sufferer’s social status, educational level, and family environment, as well as the source of the sufferer
• The judgment is issued when the court is satisfied beyond a reasonable doubt that the source of the suffering is guilty.
• There must be a situation in which both the husband and wife are unable to live together due to mental distress when making a decision. Even if the person causing the mental distress requests to remarry as husband and wife in such a case, the request is denied.
• The court must consider their socioeconomic status and living situation before making a divorce decision. And the mental anguish should be the driving force behind the divorce. It doesn’t matter how many times one of the spouses has been harmed by the other’s hand. Suffering once is sufficient cause for divorce. Even if the husband has only experienced mental distress from his wife once,

Adultery

In ancient times, adultery was considered a crime. If the wife has sexual and physical relations with someone other than her husband, the husband can file for divorce in Nepal and other countries around the world. In order for a divorce to be granted, the wife must have had voluntary physical contact with another person.

In court, the husband should be able to present direct and circumstantial evidence against the wife. If the husband can prove that his wife had an adulterous relationship with other men, he has every right to divorce her.

Conclusion

In Nepal, the husband’s legal options for obtaining a divorce are limited. He should be able to produce sufficient evidence in court under the circumstances described above. The firm can help you if you are a genuine victim of your wife’s abuse. We can walk you through the legal procedures you must follow, allowing you to avoid additional pain and emotional distress.

Should you have any questions relating to divorce process from the husband’s side then you may call us for detailed information. Call us at +977-9745374671