Is the divorce rate natural or unnatural?

Divorce has surpassed partition and land, which were at the top of the 10 most common types of cases, since the fiscal year 2077/78.

Jestha 29, 2083

Prakash Adhikari

Is the divorce rate natural or unnatural?

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According to the annual report published by the Supreme Court in Chaitra last year, out of 80,437 cases filed in district courts in the fiscal year 2081/82 on family disputes such as marriage, divorce, maternity or paternity, adoption, adoption of children, inheritance, division of property, and apostasy, only 41,079 were divorce cases. In that fiscal year, the number of cases in district courts was 264,710, and the share of divorce cases was about 15 percent.

This is only 4.9 percent more than the previous year. 31,971 cases were disposed of in the same fiscal year. The number of people who appealed to the High Court, dissatisfied with the district court's decision, was 1,541, while only 119 people who were dissatisfied with the higher court's decision appealed to the Supreme Court. The percentage of divorce cases being settled is high as both types of cases are settled by mutual consent. The data shows that the number of parties who are dissatisfied with the district court's decision is low.

Divorce is at the top of the 10 most common types of cases registered in all courts - district, high and supreme in the fiscal year 2081/82. The number of divorce cases in all three levels of courts was 42,739. This is 11.51% of the total number of cases. Like other cases, divorce cases have increased by half a percent compared to the previous year. 33,050 cases were settled in the same fiscal year, while the remaining 9,689 were transferred to the next year. The top 10 most common types of cases, partition and land, have been overtaken by divorce since the fiscal year 2077/78.

 Every Nepali must update their marriage and divorce records to continue their daily lives such as inheritance, child support, employment, social security allowance, foreign travel, and banking transactions.  BS. The lockdown announced on Chaitra 11, 2076 continued until Shrawan 2077. Cinema halls, cultural programs, gatherings, temple visits were all suspended and most government offices were closed. People in the city/market had to stay confined to their own homes/rooms. Probably due to this, tension increased in family life, and divorces increased in the following days. In the fiscal year 2077/78, the number of divorce cases was 27,425, but in the fiscal year 2078/79 it increased by 26.7 percent to 37,434. There was no significant increase in the subsequent fiscal year 2079/80, with a 6.8 percent increase to 40,183, accounting for 12.7 percent of the total number of cases.

In the current marriage system, no one can have more than one husband or wife at the same time.  Modern arrangements made on property, family, and kinship have standardized issues such as inheritance, kinship, honorifics, and citizenship, and have made the same legal arrangements for all communities, which has hindered the previous patriarchal practices. Every Nepali must update their marriage and divorce records to continue their daily lives such as inheritance, child support, employment, social security allowance, foreign travel, and banking transactions. Although there are various bodies and systems for recording marriages, every couple who wants to get a divorce must come to court because the law requires that divorce be granted by the court. 

Since marriage is a combination of sex, money and religion, sex, money and religion are considered the reasons for ending it. When marriage becomes unbearable due to violence or any special reason, then the matter of divorce enters. Although the sections of the law keep men and women equal in marriage and divorce, there is a big difference in customs, traditions and practices.

Just as both are free to get married in law, they are also free to get divorced, but if divorce were as easy as marriage, most marriages would probably end in divorce. The reasons for divorce are local and universal. Mutual trust and loyalty to one's partner are considered essential elements for marriage. If the husband believes that sexual intercourse with someone other than his wife is not possible, most marriages do not get divorced. This issue also applies to wives.

Domestic violence exists in Nepal as elsewhere in the world. It is still socially accepted, which has made the situation of women complex and miserable. In almost all cases filed by women for divorce in court, the husband has physically, sexually, emotionally, verbally, and financially abused them and thrown them out of the house, and witnesses have testified in support. When faced with violence and terror from the closest and most trusted person, home has not been a safe place for some women. Structures such as education, communication, transportation, and food are modern, but the family, marriage, and religious systems continue to be conservative.

The 2078 census showed that the main reason for women's non-participation in the organized labor force is domestic work (89.3 percent) and household responsibilities (89.4 percent). Marxist feminists say that women's labor, like men's, has a 'useful' value but no 'exchange' value, which is exactly what is found in Nepali society. The family, especially the husband, takes the issue of earning a living seriously and if it is not taken seriously, the marital relationship can end in bitterness.

The wife does not have easy access to her husband's ancestral property. After marriage, the wife's residence becomes the husband's house. There is an obligation to become a wife who is compatible with the husband, and the husband does not have to be compatible with the wife. Therefore, the relationship between husband and wife tends to be unbalanced. Most young women's priority is to get married at the right time and fulfill the responsibilities or duties of making the marriage successful by living a life based on various roles as a wife, mother and daughter-in-law.

According to the census, the population of Nepal is 29.164578. Of this, 23.958868 are aged 10 years and above. 14.89294 people in this age group are married. 61.8 percent of the Nepali population is currently married. Of these, 7,999,252 married women, or 64.3 percent, and 6,810,042 men, or 59.1 percent, are married. This number and percentage remain stable over time. The fact that approximately 42,000 couples end their relationships each year, either by agreement or through the evaluation of evidence by the court, cannot be called unnatural.

Prakash

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