Civil Code Bill lays grounds for divorce

Kathmandu, October 14

The Civil Code Bill recently passed by the Parliament has laid grounds on which a woman may file for a divorce even without the consent of her husband.

According to Section 94 of the bill registered by the government in the Legislature-Parliament, a woman may file for a divorce if her husband has been living separately for three consecutive years without her consent, has ostracised her from house without providing food and shelter, is convicted of raping her, has subjected her to physical and mental torture, is found guilty of engaging in extra-marital relationship, and has married for the second time.

“After receiving an application for divorce, the court will make utmost efforts for reconciliation between the wife and husband. If the couple can not be convinced for reconciliation despite repeated efforts, the court shall uphold the divorce within one year from the date of receipt of the application by executing partition of the property they have,”

The bill stipulates that any of the spouses may seek divorce at their will any time. A husband may also move the court for divorce without obtaining his wife’s consent if she has been staying separately for at least three consecutive years, has ostracised him or has not provided food and shelter, has suffered physical and mental torture from his wife, and if the wife is found guilty of an extra-marital relationship.

“In case the partition takes a long time due to the requirement to go through various legal procedures, the husband will be liable to provide monthly expenses to the wife depending on his property and income until the partition is executed. However, if such a woman enters a second marriage before partition, she will not be entitled to the property of her former husband and the monthly expenses being provided to her will be terminated,” reads the excerpt of the bill.

If a couple reaches a mutual agreement in writing on the issues of partition and monthly expenses to be enjoyed by the wife after divorce the court will not intervene in their private affairs. Any of the spouses may file a petition at the court within three months of divorce if he/she believes that he/she had been victimised or cheated during the divorce process.