Kathmandu. A total of 2,907 divorce cases have been filed at the Kathmandu District Court till April 4 of the current fiscal year and 1,039 cases have been settled.

A total of 1,947 cases related to divorce are yet to be settled at the court since 2076 BS. According to the annual report of the Supreme Court of 2081/82, 42,739 cases of divorce were registered across the country. A total of 119 divorce cases were filed at the Supreme Court and 1,541 at the High Court in the same fiscal year.

In the same fiscal year, 33,050 cases were settled but 9,689 cases remained unsettled. Of them, 41,079 cases were settled in the district, according to the annual report. In the fiscal year 2080÷81, out of 40,320 cases related to divorce, 31,752 were settled while 8,568 cases remained unsettled.

The statistics mentioned here show that the number of divorce cases has increased significantly in recent years. According to the stakeholders, the number of people getting divorced has increased due to the impact of changing world situation, the tendency to divorce even the common differences seen in modern Nepali society and family.

According to Deepak Shrestha, information officer at Kathmandu District Court, divorce cases are registered after banking offences and cheque dishonour. In some families, husband÷wife approach the court for divorce as soon as there is a minor dispute between the husbandwife.

Foreign employment, love marriages taking place on the basis of family disagreement, inter-caste marriages, modernity, tendency to imitate others, beatings, manipulation and lack of care, deteriorating culture in Nepali society and differences between spouses are the reasons behind the increasing number of divorce cases.

According to advocate Gokul Dawadi, the number of divorce cases has increased due to foreign employment, financial constraints and family tension. He says, “It is not that all the people who go to the court with a writ petition will get divorced, it is as much as 50 percent and there are examples of some couples returning after reconciliation.” ”

Some young couples, who go on ‘dependent visa’ for studies and employment, come to the court with a complaint seeking termination of their marital relationship within a month of marriage. Information Officer Shrestha has been found to be divorced in a hurry to go abroad, not knowing about the family and without the consent of some social beliefs and family.

There are many cases of divorce at the age of being a senior citizen and needing support for the rest of their lives. Lawyers say that even grandparents of their age come to court for divorce.

The Kathmandu District Court has a provision to deliver the verdict on the divorce case within two days if both parties agree. Some of those who come to the court for divorce say that they cannot live with their wives while some of the husbands have demanded that they do not have to pay the share.

In most couples, the case is prolonged to reach reconciliation and bring the case to a judicial settlement. As per the law, the other party has to be informed within 21 days, and both parties can be sent to mediation after receiving the reply and the case can be kept for a year for discussion.

During the Jenji movement, such cases were sidelined on the same day. However, due to errors in the paper, the decision is made only in two days, according to Information Officer Shrestha. In the circumstances, such cases can also be registered through the officer warrant. In that case, most of them are divorced without taking a share. This number is more in the age group of 30 years.

Grandparents of childbearing age also go to court for divorce. Some such wives have asked their husbands to maintain their vermilion even if they do not have your support and protection. In such a situation, the relationship between husband and wife determines whose side the children have in the property.

According to advocate Sharad Chandra Gautam, divorce cases are among the highest number of cases that come to the court with writ petitions. He said that the practice of living together for seven births, not related to religion and sin, but considering marriage as a contract has increased. Advocate Gautam said that the country’s income is dependent on foreign remittance and the compulsion of husband or wife to stay abroad due to foreign employment has also played a major role in the increase in divorce to some extent.

A young woman, who came to file a case at the Kathmandu District Court, said, “I got acquainted with her (husband) through a friend. Then there was a love marriage. My daughter is now six years old. I am 22 years old. At first, he used to work in a hotel, then he quit. I came for divorce to be safe after I started taking drugs. ”

Advocate Rishikesh Shrestha said that the cases of divorce have increased due to the fact that the husband is not suitable to live with his wife in terms of foreign employment. He says, “The trend of putting property in the name of the wife first and looking at some freedoms with suspicion has led to an increase in such cases.” There is also a trend of the young generation going abroad, getting married by court and ending the relationship through divorce. ”

A woman from Nuwakot, who had approached the Kathmandu District Court for the date of divorce case of her brother and daughter-in-law, said, “My brother used to live abroad and his daughter-in-law has been leaving home for the past five ÷six years due to family issues.” ”

According to advocate Srijana Kandel, the number of people above 50 years of age for divorce is also significant. “A 70-year-old woman and a 73-year-old man from Dhading got divorced a few days ago. The husband had divorced both of them before. ”

Advocate Kandel said that the 70-year-old woman had promised to divorce her husband even if she had promised to do so for two days. She said that until 15 years ago, divorce cases were very low in the courts. Now, that number has increased exponentially. The younger generation wants to be independent and free from their families. They wonder why they should be under pressure.

“I am the eldest wife,” said a woman sitting in the courtroom with her grandson. At this age, the husband has brought the younger one. My son is out, he comes home and beats us. The court should also provide speedy justice to victims like us. Now I have come to claim the share and the money. ”

Advocate Rajan KC said divorce especially love marriage, poverty, financial and employment among each other and social situation have also affected the divorce. If a woman files a divorce case, the court will come to a quick conclusion on the assumption that she is in pain. The number of verdicts filed by men is low.

“Even if a case is filed linking the husband and wife not living together for three years, not providing food and mental torture, the court believes that the family should be united, not separation,” he said. There is also the possibility of a lot of reconciliation. ”

Looking at the increasing divorce rate as a ‘trend’, it is necessary to study very minutely from the sociological angle whether the number of people seeking freedom by exercising legal rights has increased or perversion is being encouraged in the name of freedom.