Can a Husband File for Divorce Without Wife's Consent in Nepal? (2025)

Historically, divorce laws in Nepal heavily favored women regarding the initiation of proceedings. However, with the enactment of the Muluki Civil Code 2074 (2017), gender equality was established in divorce filings.

Today, a husband can directly file for divorce in the District Court even without the wife’s consent. This is often referred to as “One-sided Divorce” or non-consensual divorce.

Legal Grounds for Husband to File Divorce

A husband cannot simply file for divorce because he is “unhappy.” Unlike mutual consent divorce (where no specific reason is needed if both agree), a non-consensual divorce requires valid legal grounds under Section 94 of the Muluki Civil Code 2074.

Under this Section, a husband can file for divorce if:

1. Separation (Sec 94 (c)): The wife has lived separately for 3 consecutive years or more without the husband’s consent (except for study/work/medical reasons).
2. Eviction / Denial of Maintenance (Sec 94 (d)): If the wife expels the husband from the house or deprives him of maintenance.
3. Physical or Mental Torture (Sec 94 (e)): If the wife commits any act or conspiracy that causes grievous physical or mental pain to the husband.
4. Adultery (Sec 94 (b)): If the wife has a sexual relationship with another man.

The Divorce Process (Step-by-Step)

If the wife does not agree to the divorce, the process follows these steps:

1. Filing a Petition: The husband files a case at the District Court of his (or the wife’s) permanent address.
2. Notification: The court sends a notice (Myad) to the wife to appear within 21 days.
3. Response: The wife submits her written reply.
4. Mediation (Melmilap): This is mandatory. The court sends the couple to a mediation center to attempt reconciliation. This phase can last roughly 1-3 months.
5. Court Decision: If mediation fails, the court reviews evidence (witnesses, documents) and passes a verdict. Since the law mandates a “cooling period,” the entire process typically takes 1 year for a final decision if the wife contests it.

Property Division (Ansabanda)

This is the most critical part. Generally, even if the husband files for divorce, the wife is entitled to 50% of the husband’s property (Partition Share).

Exceptions:

• If the divorce is granted due to the wife’s adultery, she gets NO property or alimony.
• If she is proven to have subjected the husband to extreme physical/mental cruelty, the court may reduce her claim, though this is harder to prove.

Frequently Asked Questions (FAQ)

Q: Can I divorce my wife if she is living abroad? A: Yes. You can file the case in Nepal. The court will issue a notice to her foreign address or via email/public notice. If she doesn’t appear, the court can decide ex-parte (one-sided) after following due process.

Q: Do I have to pay alimony (Mana Chamal)? A: You may need to pay monthly expenses (interim maintenance) while the case is running. After divorce, if she takes a property share, usually no further monthly alimony is required.

Q: How long does it take? A: If she agrees (Mutual Consent), it takes 2 working days. If she disagrees (Contested), it takes approximately 12 to 18 months.

Disclaimer: Divorce cases are legally complex and fact-specific. Consult a specialized family lawyer to understand your specific position.