In recent years, an increasing number of Nepali families have found themselves separated by international borders, as many husbands go abroad for employment, study, or permanent residence. While this global migration has brought economic opportunities, it has also given rise to complex personal and legal challenges, especially for women left behind in Nepal.
Among these challenges is marital breakdown. Many Nepali women find themselves in difficult situations where their husbands, now residing in foreign countries, stop communicating, fail to provide financial support, or even start new relationships abroad without formally ending the marriage. These situations often lead to emotional trauma, legal uncertainty, and social stigma for the women involved.
Nepali law, under the national civil code 2074, allows women to initiate divorce even when the husband is not present in Nepal. However, the process can be complicated by cross-border communication barriers, lack of documentation, and unawareness of legal procedures.
This article guides to empower Nepali women with clear, step-by-step instructions on how to legally initiate and complete the divorce process when their husband lives abroad, ensuring they understand their rights, required documents, legal procedures, and available support systems.
Step-by-Step Guide to Filing Divorce
Step 1: Know Your Legal Rights Under Nepali Law
Under Section 95 of the national Civil Code, a wife in Nepal has the legal right to initiate divorce under the following grounds:
- Non-contact/Abandonment: If the husband has not contacted or lived with the wife for three years or more.
- Failure to provide maintenance: If he fails to provide basic needs such as food, shelter, or clothing.
- Cruelty or violence: In cases of physical or mental abuse.
- Extramarital relationship
- Infertility, chronic disease, or mental illness: In limited cases where the husband has a serious or untreatable condition.
- Mutual consent: If both husband and wife agree to divorce, they can file jointly.
Important: A wife can file for divorce even if the husband is not in Nepal, as long as one of these legal grounds is met.
Step 2: Hire a Lawyer
Legal representation is crucial, especially in cross-border divorce cases. A qualified family lawyer will help you navigate court procedures, file documents, and communicate with government bodies.
A lawyer will assist you to:
- Draft the divorce petition
- Collect and submit evidence
- Coordinate with the Ministry of Foreign Affairs and the court
Step 3: Collect and Prepare Required Documents
Prepare the following documents to support your case:
Mandatory Documents:
- Citizenship certificate (नागरिकता) of the wife
- Marriage registration certificate
- Passport-size photographs
Optional but Strongly Recommended:
- Copy of the husband’s citizenship/passport
- Evidence of abandonment or non-support (letters, screenshots, call records)
- Police or medical reports (for abuse cases)
- Power of Attorney if you’re authorizing a relative or lawyer to represent you.
Step 4: File the Divorce Petition at the District Court
You need to file your case at the District Court.
- Submit a divorce petition with the help of your lawyer.
- State the ground for divorce clearly.
- The court will register the petition and assign a case number.
Note: You do not need to file the case in the district where your husband last lived in Nepal.
Step 5: Court Issues a Summons to the Husband
After you file the petition, the court will issue a notice of appearance to your husband.
This notice is sent through:
- Publication of a public notice in a national or regional newspaper (preferably one circulated in the area where your husband was last known to live),
- Posting of notice on the Ward office of address of husband
- Any other method deemed fair and reasonable by the court to inform respondent (your husband).
- If you have email, notice can be send through email but it is not legally valid.
If your husband does not respond, the court can proceed ex parte-meaning the case moves forward without his participation.
Step 6: Attend Court Hearings and Present Evidence
Your presence is required in court during hearings.
You should:
- Present your personal statement
- Submit all documents and evidence
- If applicable, request:
- Child custody or support
- Alimony (maintenance)
- Share of joint property
The court will examine the evidence and hear your side.
Step 7: Court Issues the Final Divorce Decision
If the court is satisfied with your case and the husband does not appear or contest:
- The court will issue a divorce order.
- This decision will confirm:
- Termination of the marriage
- Child custody or support (if applicable)
- Maintenance and property rights (if applicable)
After receiving the court’s final order:
- Take a certified copy of the divorce decision to your Ward Office or Municipal Office. Request an update to your marital status in the civil registration system.
This allows you to update your:
- Citizenship record
- Passport
- Property documents
What If You Don’t Know Where Your Husband Is?
Many Nepali women face the difficult situation of being abandoned or left without any contact by their husbands who have gone abroad. In such cases, the exact location of the husband may be unknown, or he may be deliberately avoiding communication. Fortunately, Nepali law provides a clear legal remedy for such situations through a process known as alternative service of notice.
You Can Still File for Divorce
Even if you do not know your husband’s current address, you can still file for divorce at the District Court. The absence of the husband’s address does not prevent you from initiating the case. What matters is your ability to demonstrate that:
You have made reasonable efforts to contact him,
He has been out of contact or uncooperative for a long time, and
You meet one or more of the legal grounds for divorce (as per Section 95 of the Civil Code).
Requesting Alternative Notice Through the Court
The court has the authority to allow alternative methods of serving notice to the other party (in this case, your husband) when their current location or contact details are unknown.
Your lawyer will file an application before the court requesting permission to serve notice publicly. This is known as a request for “Substitute Service” or Vikalpik Suchana Prakriya.
The court may then issue an order for:
Publication of a public notice in a national or regional newspaper (preferably one circulated in the area where your husband was last known to live),
Any other method deemed fair and reasonable by the court to inform the respondent (your husband).
How Newspaper Publication Works
Once the court approves the request, your lawyer will:
- Instruction for the husband to appear in court within a specified time
- Your name
- Your husband’s name
- Case number
- Purpose of the notice (i.e., divorce case)
- Instruction for the husband to appear in court within a specified time
- Publish the notice in a widely circulated daily newspaper—either in Nepali or English depending on the court’s ord.
- Submit the newspaper clipping and proof of publication to the court to confirm that the notice was served.
Important: If your husband fails to respond within time period after publication , the court may proceed ex parte—meaning the case will move forward in his absence.
Why This is Legally Valid and Fair
The purpose of alternative notice is to ensure that due process is followed even when the other party is missing or avoiding service intentionally. This way, the legal process respects:
- Your right to access justice
- The principle of fairness to the absent party
- The integrity of the court procedure
What to Do if Your Husband is Missing
- Try to locate him and gather any last known contact details or addresses.
- File for divorce and inform the court that he is untraceable.
- Ask your lawyer to submit an application for alternative service of notice.
- Follow the court’s instruction to publish a notice in a newspaper.
- Wait for any response. If none is received, the case continues without him.
Conclusion
Divorce is never easy, especially when your husband is living abroad or cannot be contacted. However, Nepali law provides a clear process to help women in such situations. By understanding your legal rights, preparing the required documents, and seeking help from a lawyer, you can file for divorce through the court. Even if your husband is missing, the law allows alternative methods to move the case forward. With the right support, you can complete the legal process and take steps toward a more secure and independent future.