Friday, June 27, 2014

Nepal Changing shape of Divorce is both blessing and misery

Divorce is the end of marital status, both in social and legal context. They are no more bounded with each other and can make relation ship with the third person. Divorce in Nepal was out of legal circle until the enforcement of the civil code in 2020 Bs. Now, almost after 50 yrs, several courts across the country are receiving number of divorce cases. Surprisingly, on frontline of those seeking divorce are Brahmins and cherty society in Nepal. They are someone who believes marriage as lifelong bond.

Family serves as an important factor for an individual and society too. Increasing number of such cases proves that divorce has a serious effect in the society. Even if both parties are mentally prepared for divorce this may result in trouble and disturbance in their future life. Their children will be the main victim of this decision. This will become like a dark spot in their whole life which they cannot forget ever. Problem of raring and caring of the children may arise due to the absent of their parents, and the process for the custody of child.

Divorce case are in increasing trend in districts such as Kathmandu, Sunsari, Morang, Jhapa, Parsa, Rupendhi, Palpa, kaski,etc. Further more, analysis of the divorce cases imply that divorce cases were thirty two hundred in those districts within two years. Among them 875 cases were from Brahmin and cherty community, with Newar community second in this list.

The increasing divorce trend in Nepalese society is an ominous sign. However, in some cases divorce also serves positive results. It has proved beneficial to those Nepalese women who would otherwise living in distress, suffering and misery throughout the life. It also resolves long standing problems opening new avenues for both of the unhappy couples, so divorce comes as blessing sometime.

After establishment of Muliki Ain 1910 B.S. a man has permit to leave his wife.  In simple words, husband breaks a stick and proves the relation to be over. Women can directly file a case in the court but a man cannot do so. He should place proposal in the V.D.C first. Similarly the new section on Husband and Wife in the Muliki Ain( New Legal Code, 2020 B.S.) .

For these following thing should have happen ­-
1. Either the husband or wife must have a crime of serious physical death for each other.
. 2. The wife agrees in court among the entire person that she has sexual relation ship with other person.
  
 Divorce is Nightmare for some women because divorce will be the ultimate solution for the women who are not happy with their married life and who are being dominated in their married life. Divorce might lead to happy prosperous life and progress in context of male dominated society. They cannot do job out side their house, in fact the wall becomes like jail even if they are capable of doing it.


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