Recently women in Nepali societies have been able to put aside social stigmas connected with the breakdown of their marriages. Urbanization together with modernization and female empowerment, have strengthened women to take bold and radical steps which were once considered taboo. Financial security and job opportunities have enabled women to take decisions and move forward rather than staying in an unwanted relationship.
The May 2011 figures from Kathmandu District Court indicate a rise in the number of divorces. Eighty percent of cases are filed by women – predominantly in urban areas. Bala Ram Acharya in his research, “Sociological Analysis of Divorce: A case study from Pokhara, Nepal” cites that the major reasons for divorce are economic hardship; sexual maladjustments; unequal social, economic and educational status; and the wife being barren.
The first written legal code permitted a man to leave his wife by a method of sinko-kati chuttinu – the husband breaks a small stick indicating a legal recognition of divorce.
Chapter 12 of the legal code, “On Husband and Wife,” permits divorce in Nepal on the following grounds: if the couple have resided in different locations for the past three years; if either engage in the conspiracy of their partner; if one has committed a crime of serious assault against their partner; if the wife is found to have engaged in extra-marital affairs or has eloped; or if the wife has confessed to an extra-marital affair. The rules of court allow a woman to directly file a case for divorce, whereas men have to appeal through their Village Development Committee or municipality. In September 2010, the Supreme Court issued a directive order to the Legislature to rectify divorce laws that discriminate against men.
Women state that divorce laws are reasonable toward women and are becoming aware of their rights. Twenty-five years ago the divorce rate in one divorce lawyer’s office was one a year and now he has 6-7 cases a year. Across Nepal it has doubled over the past twenty-five years. The Kathmandu District Court indicates that the average age of people divorcing is between 20-35 years. Acharya says in his research that this is the age when people are developing their careers and have high expectations. He also says many lack crisis management skills. He also said one of the current trends and major catalysts for the increased divorce rate was the increased rate of men accepting foreign employment which resulted in a lack of trust between the spouses. In many ethnic communities in which customary divorce practices take place without any legal formalities divorces are not reported. Therefore, Acharya says that while the numbers are increasing, the divorce rates are actually higher than officially recorded.
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