Introduction
Marriage is built on love, trust, and mutual understanding. But sometimes, problems grow so deep that living together becomes painful or unsafe. When this happens, divorce becomes a legal option. Divorce ends a marriage and gives both spouses a fresh start. However, one cannot simply walk into court and ask for a divorce without a valid reason. The law sets out specific conditions that must be met. These are called grounds for divorce. In Nepal, the Muluki Civil Code 2074 explains when and why a husband or wife may legally ask to end a marriage. Understanding these grounds helps people know their rights and make informed decisions.
General Legal Grounds for Divorce in Nepal
The law allows divorce under both mutual consent and individual request. If both spouses agree that they no longer want to live together, they can file for divorce jointly. This is called mutual consent divorce. No proof of wrongdoing is needed in this case.
However, if only one spouse wants the divorce, they must provide a valid legal reason. The court then checks whether this reason fits the law. If yes, the divorce is granted. These legal reasons are also known as fault-based grounds for divorce. They apply to both men and women, but in some situations, the law gives specific rights depending on gender, based on the facts of the case.
Grounds Specific to Women
Nepal’s Civil Code allows both husband and wife to file for divorce on several common grounds. One of the main grounds is if the spouses have lived separately for three years or more without consent. This means if one partner leaves the other and stays away for a long time without any agreement, the other can seek divorce. This ground does not require proof of violence or cheating. The long separation itself is enough.
While both men and women have equal rights under the law, some specific grounds exist to protect women from situations where they are more likely to suffer. A woman can file for divorce if her husband marries another woman without her consent. Polygamy without legal permission is not allowed.
Women can also ask for divorce if they are abandoned or not given proper care. If the husband fails to provide food, clothing, or housing, or forces her to leave the house, this gives her the right to divorce. Emotional and financial neglect are treated as serious harm under the law. The law aims to protect the physical and mental health of women in marriage.
Grounds Specific to Men
The law also gives men the right to divorce if their wives break the trust and rules of marriage. If the wife lives away without her husband’s consent for more than three years, he can seek divorce. If she is involved in an extra-marital relationship, that is also a valid reason.
Additionally, if the wife abuses or insults the husband, refuses to care for him, or neglects her role in the family, the man can request the court to end the marriage. However, courts are careful to ensure that men do not misuse this right, especially if the wife is financially or socially dependent.
Mutual Consent as a Separate Ground
Sometimes, couples decide together that they no longer wish to live as husband and wife. They may no longer fight, but the relationship simply does not work. In such cases, the law allows for divorce by mutual consent. This is a peaceful and cooperative way to end a marriage. The couple files a joint application in court, and if they still agree after a short waiting period, the court grants the divorce. No one needs to prove any wrongdoing. The focus is on ending the marriage respectfully and with proper arrangements for property, children, and support.
Proof and Procedure
When a person files for divorce based on any of the above grounds, they must submit evidence to the court. This can include witness statements, written records, medical reports, or photographs. In cases of abuse or adultery, evidence is very important. The court carefully studies all the facts before making a decision. Judges aim to protect the victim’s rights while ensuring that the law is not misused for personal revenge.
In mutual divorce, no proof of fault is needed. The couple simply needs to show they agree and have made arrangements for any children and property.
Importance of Knowing the Grounds
Knowing the legal grounds for divorce helps people understand when they can ask the court to end a marriage. It also helps protect people from false claims or emotional pressure. Many women in Nepal, especially in rural areas, do not know that they can seek divorce for emotional abuse, financial neglect, or if their husband marries again without consent. Similarly, men may not know their rights if their wives abandon them or are violent.
By learning about these grounds, people can make legal decisions with confidence. Divorce is not a failure, but a solution when marriage becomes harmful or hopeless.
Conclusion
Divorce is a legal process that brings a marriage to an end. But this decision must be based on valid reasons. Nepal’s Muluki Civil Code 2074 clearly lists the grounds for divorce. These include long separation, abuse, cheating, neglect, and mutual consent. Some grounds are common to both men and women, while others offer extra protection to those who may be more vulnerable. The law aims to balance fairness, protection, and individual freedom. Understanding the legal reasons for divorce helps people know their rights and use the legal system when needed. With proper legal awareness, divorce can be a respectful path to safety and peace.
