My father is both mentally and physically abusive to my mother. My mother would’ve divorced him a long ago only if she had some property or money to survive. I want her to divorce my father. Is there any law that’ll be in my mom’s favor?
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1. On divorce and property
Concerned district court ma partition of property sahit ko divorce case file garna sakinchha. The court can also order payment of monthly expense from your father before the end of the case.
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Partition of property chei family member haru sabai le equally paune ho. Assuming its just 3 of you, your mother will be entitled to 1/3rd of the total joint property. If your father has not inherited the property yet, your mother will get a part of her property depending on the property that your father would be getting. Yo sabai adalat le nei order gardai janchha. tei bhayera yo process lamo huda samma your father needs to be paying the monthly expense (based on court’s order).
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2. On domestic violence
A complaint can be filed at a police station, National Women Commission, or local ward. In extreme cases, the one perpetrating violence can be sent to prison too.
Domestic violence ko Muddha and then divorce. The property will be divided between kids and parents.
Hi, I’m not the best person to give advice since I flunked about half of my family law classes, but please do read part 3 of the National Civil Code act Nepal, 2017 AD, in section 94 and 95 (I think), it is discussed, on what grounds a wife can file for divorce from her husband.
If you can prove in court that your father has abused your mother, the law is in your favor, but the courts, they’re a complete mess, so it’s not a 100% sure that you can claim partition share from your father’s property, and/or maintenance, but it’s likely to be ruled in your favor.