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Providing financial stability after divorce, alimony offers essential support to the lower-earning spouse to maintain a reasonable quality of life.
In Nepal, alimony is legally referred to as “maintenance” or “nirakarana”. The primary legal framework governing spousal maintenance is found in the Civil and Criminal Code of Nepal, 2074 BS (2018 AD), specifically Section 94: Maintenance to Wife.
Here’s a breakdown of the key provisions:
Legal Basis:
Section 94 of the Civil Code, 2074 BS contains the essential clause.
It establishes the legal right of a wife to receive maintenance from her husband upon divorce, separation, or in certain other circumstances.
Key Considerations: Gender-Specific
The law as written primarily addresses a wife’s right to maintenance from her husband. While societal norms are evolving, the legal text focuses on this relationship.
Judicial Discretion
The court has significant discretion in determining the amount and duration. Strong legal representation is crucial for both parties to present their financial circumstances effectively.
Legal Advice is Essential
The process and outcomes can be complex. Anyone involved in a divorce or separation in Nepal should consult with an experienced Nepali family law attorney to understand their rights and obligations regarding both property division and maintenance.
In summary
Nepali law provides a wife with a statutory right to maintenance from her husband after divorce if she is unable to support herself. The amount is determined by the court based on the husband’s financial capacity and the wife’s needs, without a fixed formula. The division of marital property is not the same as this right.
Entitlement to Maintenance
A wife is entitled to maintenance from her husband after the dissolution of marriage (divorce or judicial separation) if she is unable to maintain herself.
The right arises irrespective of fault (i.e., whether the divorce was granted due to adultery, cruelty, etc., or by mutual consent).
The wife must prove she is unable to maintain herself through her own earnings or property.
Amount and Duration: No Fixed Formula: The law does not specify a fixed percentage or formula for calculating maintenance. The amount is determined by the court based on the husband’s financial capacity and the wife’s needs.
Factors Considered by the Court
- The husband’s income, property, and overall financial status.
- The wife’s age, health, and ability to earn.
- The quality of life agreed upon during the marriage serves as a summary of the main elements and procedure. below:
- The duration of the marriage.
- The contributions (financial and non-financial) made by the wife to the marriage.
- The wife’s custody of any children from the marriage (this can influence the amount).
- Any other relevant circumstances.
Form of Maintenance
Maintenance can be ordered as
Periodic Payments
- Monthly, quarterly, or annual payments.
- Lump-Sum Payment: A one-time payment in lieu of ongoing support (though periodic payments are more common).
The court decides the most appropriate form based on the specific case. - Termination of Maintenance: A wife’s right to maintenance generally terminates upon her remarriage.
It may also be terminated or reduced if the wife’s financial situation improves significantly (e.g., she acquires substantial independent means) or if the husband’s financial situation deteriorates drastically. - Distinction from Property Division: It’s crucial to understand that maintenance (alimony) is separate from the division of marital property.
Property Division: Deals with splitting the assets and debts acquired during the marriage (Dahej). This is covered under different sections of the Civil Code (e.g., Sections 90-93). - Maintenance: Is an ongoing financial obligation of the husband to support his ex-wife after the marriage ends, based on her need and his ability to pay.
The Process
Filing a Case
The wife (or her representative) files a maintenance claim in the District Court where the husband resides or where the marriage was solemnized.
Court Proceedings
The court examines evidence of both parties’ financial situations.
Court Order
The court issues an order outlining the regularity of maintenance payments as well as their amount and format.
Enforcement: If the husband fails to pay, the wife can file an execution application in court to enforce the order (e.g., through attachment of property or income).
Should you have any questions relating to family law issues; alimony – maintenance in Nepal then you might want to call at Divorce Lawyer Nepal at +977-9849517735