Online Divorce Process in Nepal

To complete the Online Divorce Process in Nepal, it is necessary to know the complete Procedure of Divorce, the selection of the Law Firm for divorce, and the Conditions for Divorce.

Lawneeti Associates provides Online Divorce Services in Nepal. Contact Us to understand how the Online Divorce Process occurs in Nepal.

If both the husband and wife so desire, they may divorce the relationship of husband and wife at any time.

Online Divorce Process in Nepal

Before beginning the Divorce Process, it is necessary to understand the Scenario between the Husband and Wife. If the Scenario between spouses matches the conditions set in Nepalese Law for the Online Divorce Process, then you can move ahead with the Proceedings mentioned below:

Step 1: Filing Divorce Petition in District Court

If either the husband or the wife desires divorce, they are required to file a Petition at the District Court of the district of their Residence with the following Documents:

1. Marriage certificate (if not available, then other proof of marriage);
2. Copy of citizenship certificate;
3. Passport-sized photograph of the applicant;
4. Evidence to prove the claim (if any);
5. Copy of birth certificate of children (if any); and
6. Authorized power of attorney (in case the case is to be filed through authorized power of attorney)

Step 2: Response by Spouse to the Petition

After the petition has been filed, the Court informs the counterpart of the petitioner, i.e., their spouse. After dispensing the notice, the receiving party is expected to file a defense within 21 days.

Step 3: Mediation between Husband and Wife

After receiving the Defense, the Court attempts to mediate and convince the Spouses to reconcile and solve the dispute to the Extent Possible. If it is unsuccessful, they move ahead with the Divorce Proceedings.

Step 4: Trial and Temporary Orders (If Necessary)

In Conditions of Domestic Violence, Marital Rape, and other unethical crimes against the spouse, the Court can grant Temporary Order in favor of the Victim.

Step 5: Initiation of Partition of Divorce

If divorce is to be effected because of the husband, then the District Court, if the wife so demands, causes partition between the husband and wife before effecting divorce.

If a property in common is registered in the name of both husband and wife or either of them, then such property is to be partitioned between them.

If the husband has yet to obtain partition from his father or other coparcener, the partition will be apportioned between the husband and wife.

Step 6: Final Decision from the Court

Suppose the Court fails to make conciliation between the husband and wife even after reminding and convincing and deems it appropriate to get the relationship divorced rather than to continue it any longer. In that case, the Court shall effect divorce between them.

Step 7: Cancellation of Marriage Registration Certificate

Finally, the Marriage Registration Certificate of the Couple is canceled.

Conditions for Husband to effect Online Divorce Process in Nepal

(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with the law if the wife has been living separately for three or more consecutive years without consent of the husband,

(b) If the wife deprives the husband of maintenance costs or expels him from the house,

(c) If the wife commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the husband,

(d) If the wife is proven to have made sexual relations with another person.

Conditions for Wife to effect Online Divorce Process in Nepal

(a) Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife,

(b) If the husband deprives the wife of maintenance costs or expels her from home,

(c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife,

(d) If the husband concludes another marriage,

(e) If the husband is proven to have had sexual intercourse with another woman,

(f) If the husband is proven to have raped the wife.