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Divorce Process in Nepal

  • 15Mar

    Divorce Process in Nepal

    The divorce process in Nepal typically involves several steps and considerations. Here’s a general outline of the process:

    1. Eligibility: Both spouses must meet certain eligibility criteria to file for divorce. This may include being married for a certain period of time and having valid grounds for divorce as per Nepalese law.
    2. Grounds for Divorce: The grounds for divorce in Nepal may include adultery, cruelty, desertion for a specified period, mental illness, irreconcilable differences, or other reasons recognized by Nepalese law.
    3. Filing a Petition: One or both spouses file a petition for divorce in the district court where one of them resides or where their marriage took place. The petition must include details such as the reasons for seeking divorce and any relevant evidence.
    4. Mediation and Counseling: Before proceeding with the divorce, the court may require the couple to undergo mediation or counseling sessions in an attempt to reconcile their differences. If reconciliation efforts fail, the divorce proceedings continue.
    5. Trial: If reconciliation efforts are unsuccessful, the court will schedule a divorce trial. During the trial, both parties present evidence and arguments to support their case. The court will consider the evidence and applicable laws before making a decision.
    6. Decision: Based on the evidence presented and the applicable laws, the court will issue a judgment regarding the divorce. If the court grants the divorce, it will issue a decree of divorce, officially ending the marriage.
    7. Appeal: Either party may appeal the court’s decision within a specified period if they believe there are grounds for appeal. The appellate court will review the case and make a decision based on the evidence and applicable laws.
    8. Enforcement: Once the divorce decree becomes final, the parties are legally divorced, and the terms of the decree regarding property division, child custody, and support are enforced.