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Are you searching for the correct divorce petition format in Nepal? You have reached the right guide. The petition—known in Nepali as the Arji or Darkhast—is the foundation of every divorce case filed before the District Court. A poorly drafted petition can delay the case for months, while a well-structured one moves smoothly through mediation and hearings.
The divorce petition format in Nepal follows the rules of the Muluki Civil Procedure Code 2074 and the practice directions of the District Courts. Every petition is written in Nepali and must contain specific information in a logical order: the parties, the marriage, the grounds, the evidence, and the relief requested. In this guide, each part of the format is explained in plain language, and a complete structural template is provided. By the end, you will know exactly what a professional divorce petition looks like and how it should be prepared.
Why the Petition Format Matters So Much
The petition is the first document the judge reads. From it, the court forms its first impression of the case. Furthermore, the petition fixes the boundaries of the entire dispute—grounds, claims, and relief cannot easily be changed later. Therefore, precision at the drafting stage shapes everything that follows: summons, mediation, evidence, and judgment.
Common drafting failures lead directly to procedural problems. Missing party details cause defective summons. Vague grounds weaken the evidence stage. Unclear relief requests produce ambiguous judgments. Consequently, experienced advocates treat the petition as the most important document in the whole case.
The Legal Basis of the Divorce Petition Format
The petition format flows from the Muluki Civil Procedure Code 2074, which sets the requirements for plaints and petitions in civil cases, and from the Muluki Civil Code 2074, which defines the grounds under Sections 93–95. The District Court Rules 2075 add practical filing requirements.
In practice, Nepali courts follow a conventional structure that has been standardised over decades. While small variations exist between districts, the core format described below is accepted across Nepal.
The Standard Divorce Petition Format in Nepal: Structure
A professional petition is organised into the following parts, in this order:
| Section | Content |
|---|---|
| 1. Court heading | Name of the District Court and case type |
| 2. Party details | Full names, addresses, and status of plaintiff and defendant |
| 3. Subject line | Brief statement of the case, e.g., "Regarding divorce" |
| 4. Prayer/relief sought | The orders requested from the court |
| 5. Facts of the marriage | Date, place, and registration details of the marriage |
| 6. Facts of the case | Chronological narrative of events supporting the divorce |
| 7. Grounds under law | The specific Civil Code sections relied upon |
| 8. Evidence description | List of documents and witnesses to be presented |
| 9. Jurisdiction statement | Why this District Court has authority |
| 10. Limitation statement | Confirmation that the case is filed within time |
| 11. Verification and signature | Petitioner's signature, date, and verification clause |
| 12. Annexures | List of attached documents |
Each part is explained in detail below.
Part-by-Part Explanation of the Format
1. Court Heading
The petition opens with the name of the District Court—for example, "In the District Court of Kathmandu." The case number is left blank and is assigned by the court upon filing.
2. Party Details
Full legal names, parentage, citizenship numbers, and permanent and temporary addresses of both spouses are stated. Exact consistency with citizenship certificates is essential, since mismatched names cause service and verification problems later.
3. Subject Line
A short subject states the nature of the case, such as "Regarding the dissolution of marriage by divorce."
4. Prayer / Relief Sought
The orders requested from the court are listed clearly. Typical prayers include:
- Dissolution of the marriage by divorce
- Division of joint property as per law
- Return of the wife's Stridhan (separate property)
- Alimony or maintenance, where claimed
- Custody of minor children, where claimed
- Court costs and any other appropriate orders
Clear prayers prevent confusion at the judgment stage.
5. Facts of the Marriage
The date, place, manner, and registration details of the marriage are described. The marriage registration certificate number and issuing office are cited. Children of the marriage, if any, are listed with their dates of birth.
6. Facts of the Case
A chronological narrative explains what happened: cohabitation, disputes, separation date, and efforts at reconciliation. Dates, places, and events are stated concretely. Vague accusations are avoided; specific factual allegations that can be proven are used instead.
7. Grounds Under Law
The legal grounds are tied to the Muluki Civil Code 2074:
| Ground | Civil Code Section |
|---|---|
| Mutual consent | Section 93 |
| Husband's grounds | Section 94 |
| Wife's grounds | Section 95 |
Each factual allegation is connected to a specific ground. For example, a claim of three years' separation is linked to the relevant subsection, with supporting address evidence.
8. Evidence Description
Documents and witnesses are listed: marriage certificate, citizenship copies, medical reports, police complaints, witness affidavits, and photographs. This list guides the evidence stage and shows the court that the case is prepared.
9. Jurisdiction Statement
The petition explains why the case belongs before this court: residence of the parties, the place where they last lived together, or the place of marriage registration, as permitted by the Civil Procedure Code.
10. Limitation Statement
A statement confirms that the case is filed within the legally allowed time, where limitation applies.
11. Verification and Signature
The petitioner signs the petition, and a verification clause confirms that the contents are true to their knowledge. When an advocate files the case, a Power of Attorney (Wareshnama) is attached.
12. Annexures
Attached documents are listed one by one, matching the evidence described in the body.
Sample Divorce Petition Template (Structural Outline)
The outline below shows how a complete petition is assembled. (The actual petition is drafted in Nepali by a licensed advocate.)
In the District Court of __________
Plaintiff: [Full name], [parentage], citizen of [address], Citizenship No. []
Defendant: [Full name], [parentage], citizen of [address], Citizenship No. []
Regarding: Dissolution of marriage by divorce
Prayer: It is humbly prayed that the marriage between the parties be dissolved by divorce; that joint property be divided according to law; that [Stridhan / alimony / child custody, as applicable] be ordered; and that costs be granted.
Facts:
- The marriage between the plaintiff and the defendant was solemnised on [date] at [place] and registered at [office], Certificate No. [___].
- [Chronological narrative of cohabitation, disputes, and separation.]
- The parties have been living separately since [date], a period exceeding three years.
- Reconciliation efforts have failed, and the marriage has broken down irretrievably.
Grounds: The petition is filed under Section [93/94/95] of the Muluki Civil Code 2074.
Evidence: Marriage certificate, citizenship copies, ward verification, witness affidavits, and [other documents] will be presented.
Jurisdiction: This court has jurisdiction because [reason].
Verification: I verify that the contents of this petition are true to my knowledge.
[Signature of Plaintiff]
Date: [___]
Annexures:
- Marriage registration certificate
- Citizenship copies of both parties
- [Other documents]
Common Drafting Mistakes to Avoid
Even small errors in the petition format create large problems. The following mistakes are seen most often:
- Names or citizenship numbers that do not match official records
- Grounds stated vaguely without supporting facts
- Relief requests that omit property or custody claims, which then become difficult to add later
- Jurisdiction claimed without a proper factual basis
- Annexures listed but not actually attached
- Dates that contradict each other between sections
- Prayers copied from templates that do not match the actual claims
A careful proofreading session against the original certificates prevents nearly all of these issues.
Documents Attached to the Petition
The petition is filed together with its supporting papers:
| Document | Notes |
|---|---|
| Marriage registration certificate | Original shown, copy filed |
| Citizenship copies of both parties | Attested copies |
| Passport-size photographs | Of the petitioner |
| Power of Attorney | When filed through an advocate |
| Evidence copies | Medical reports, police complaints, affidavits |
| Court fee receipt | Paid at filing |
Court Fee for Filing the Petition
The divorce petition fee is modest—generally around NPR 500, with small additional charges for pleadings and documentation, under the District Court fee structure. Advocate fees for preparing and filing a petition are separate and vary widely by lawyer and location.
Frequently Asked Questions (FAQs)
What is the divorce petition format in Nepal?
It is a structured document written in Nepali, containing party details, marriage facts, grounds under the Civil Code, evidence, jurisdiction, prayer for relief, verification, and annexures.
Can I write a divorce petition myself in Nepal?
Theoretically yes, but it is strongly discouraged. Formatting errors, weak grounds, and defective prayers can permanently damage the case. A licensed advocate should draft it.
Is there a standard government form for divorce petitions?
There is no single national printed form. Courts follow the conventional plaint structure under the Civil Procedure Code, and advocates draft accordingly.
What language must the petition be written in?
Nepali. Documents in other languages must be translated into Nepali and authenticated before filing.
How long should a divorce petition be?
Usually a few pages—long enough to state facts clearly, short enough to remain focused. Exaggerated length adds nothing and can dilute the key points.
What happens after the petition is filed?
The court assigns a case number, issues summons to the defendant, and schedules the first hearing, followed by court-ordered mediation under Section 97 of the Civil Code.
Can the petition be amended after filing?
Minor corrections are possible with court permission, but the core grounds and relief should be final at filing. Later additions are difficult and often opposed.
Final Thoughts
The divorce petition format in Nepal is not complicated, but it must be handled with precision. Every section—parties, facts, grounds, evidence, and prayer—plays a defined role in how the case unfolds. A petition that is complete, consistent, and properly structured gives the court a clear map of the dispute and gives the petitioner the strongest possible start.
If you want your petition drafted correctly the first time, the family law team at Attorney Nepal Pvt Ltd can prepare your divorce petition, settlement agreement, and complete filing package for the District Court.
Need a professionally drafted divorce petition? Contact Attorney Nepal Pvt Ltd today for a confidential consultation.
Legal Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Petition formats and court requirements vary between districts and may change. For drafting assistance on your specific case, consult a licensed advocate in Nepal.
References
- Muluki Civil Procedure Code 2074 — Nepal Law Commission
- Muluki Civil Code 2074 (National Civil Code 2017) — official English text via JICA
- Supreme Court of Nepal
- Ministry of Law, Justice and Parliamentary Affairs, Nepal
- District Court of Kathmandu
- Nepal Bar Association
Related Reading:
- divorce by mutual consent in Nepal
- contested divorce process in Nepal
- grounds for divorce in Nepal
- how to file divorce against a husband
- divorce process for Nepalis living abroad
- recognition of foreign divorce in Nepal
- special power of attorney
- legal separation as an alternative to divorce
- family cases in District Courts
- Muluki Civil Code 2074
- what a wife can claim after divorce
- wife’s share of husband’s property
- self-acquired vs ancestral property
- family property settlement agreement
- child support and maintenance
- child custody laws in Nepal
- child custody for fathers
- joint custody arrangements
- polygamy law in Nepal
- domestic violence law in Nepal
- replace a lost marriage certificate
- lawyer fees in Nepal
- divorce lawyer in Nepal
- family law and divorce services
- book a free consultation
This article is for general informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact Attorney Nepal directly.
