5 Legal Grounds for Divorce in Nepal Under Muluki Civil Code 2074

5 Legal Grounds for Divorce in Nepal Under Muluki Civil Code 2074

Ground 1: Mutual Consent (Section 93)

Applies to: Both husband and wife

Mutual consent is the fastest and simplest ground for divorce in Nepal. Both spouses agree the marriage has broken down. No one needs to prove fault or wrongdoing. The court grants the divorce once both parties confirm their agreement in person. The process takes 2 to 3 days at the District Court.

The joint petition must address property division, child custody, and maintenance. Both parties must sign the petition. The court checks that the consent is free and voluntary. Coerced consent invalidates the divorce.

For a detailed step-by-step guide, read our post on mutual consent divorce in Nepal.

Ground 2: Adultery (Sections 94a / 95a)

Applies to: Both husband and wife

A husband can seek divorce if his wife has sexual relations with another man. A wife can seek divorce if her husband has sexual relations with another woman. The party filing for divorce must provide proof of the extramarital relationship. Courts require convincing evidence, not mere suspicion or rumors.

Direct evidence of adultery is rare in divorce cases. Courts in Nepal accept circumstantial evidence. This includes photographs, call records, messages, hotel records, and witness testimony. The court evaluates the evidence on a balance of probabilities. This is a lower standard than criminal proof beyond reasonable doubt.

False allegations of adultery can harm your case. A lawyer can help you assess whether you have sufficient evidence before filing.

Ground 3: Cruelty and Domestic Violence (Sections 94b / 95b)

Applies to: Both husband and wife (with additional protection for wives)

A spouse can file for divorce if the other treats them with cruelty. This covers physical violence, threats, verbal abuse, and emotional manipulation. The cruelty must be severe enough to make continued living together impossible. The court looks at the pattern of behavior, not isolated incidents.

For wives, the law specifically recognizes domestic violence as a ground for divorce. This aligns with the Domestic Violence (Offense and Punishment) Act 2066. A wife can file for divorce on grounds of domestic violence even without filing criminal charges. Medical reports, photographs, and witness statements serve as evidence.

Cruelty cases require careful documentation. Keep a record of each incident with dates, descriptions, and any available evidence. This record helps your lawyer build a strong case.

Ground 4: Desertion (Sections 94c / 95c)

Applies to: Both husband and wife

Desertion means one spouse abandons the other without consent for 3 or more continuous years. The abandoning spouse must have no reasonable cause for leaving. The deserted spouse can file for divorce after the 3-year period ends. The court checks if the desertion was willful and without justification.

The 3-year period is counted continuously, not in aggregate. Short reunions do not reset the clock if the underlying separation continues. The deserted spouse must prove they did not consent to the separation. If the abandoning spouse had a valid reason to leave, such as safety concerns, this ground may not apply.

Living separately under the same roof may not qualify as desertion. The court examines whether the marital relationship has truly ceased.

Ground 5: Additional Grounds (Sections 94, 95, 96)

Applies to: Both husband and wife (with two extra grounds for wives)

Apart from the four main grounds above, the Code recognizes several other grounds. Both spouses can seek divorce if they have lived separately for 3 or more years with no possibility of reconciliation. Courts also have discretion to grant divorce on grounds of irretrievable breakdown. This means the marriage has failed beyond repair, even if no specific fault is proven.

Wives have two additional grounds that husbands do not have. A wife can seek divorce if her husband marries another woman (polygamy). Polygamy is illegal in Nepal but still practiced in some communities. A wife can also seek divorce if her husband forces her into sexual relations (marital rape). Marital rape is a criminal offense under Nepali law. These provisions recognize the unique vulnerabilities women face in marriage.

Quick Comparison of Divorce Grounds in Nepal