Posted by: tired May 22, 2006
Divorce in Nepal
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. interesting question. i am guessing this question arose in the context of "secular" nepal. my reading of nepal being secular would be that a "secular" country does not necessarily guarantee "religious freedom" to any and all possible interpretations of a given religion. people are free to choose their religion, at a personal level, but there will be a common set of bounds that apply to each person, regardless of caste, creed, religion, gender etc. "secular" will make an attempt to define these bounds based on common practice and "what is acceptable" (defined variously) to society, and not only to the edicts of one particular religion. so, to answer your question, if you want your divorce to be legally sanctioned, you still have to complete due diligence on your part, i.e. you have to have enough reasons as defined by the law. currently, the law does not have a provision for legal divorce based on the triple utterance of a single word - so you can't divorce in this way. i should add, you may have a "social" divorce but not a "legal" divorce, because there can be a difference sometimes. as far as the law itself is concerned, yes it is influenced by the hindu belief system to a certain extent and maybe tomorrow it will change to be less reflective of hindu beliefs alone, if necessary. however, i cannot conceive of a situation where the law will ever endorse "divorce by triple utterance".
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