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SC scraps provision of divorce on infertility

...Supreme Court (File Photo) Acting upon a one-year old public interest litigation filed by advocates Mira Dhungana and Shree Dhar Parajuli, a three-member bench comprising justices Kedar Prasad Giri, Khil Raj Regmi and Sharada Shrestha held that the provision was discriminatory and violated women’s rights and declared it inconsistent with the Constitution of 1990.

As per Section 1(1) under Husband and Wife Chapter of the Civil Code 1963, a married man can seek divorce after 10 years of marriage if a government medical board proves his wife's The court also ordered the government to promulgate an equal law on the husband and wife Chapter of the Civil Code 1963.

The petitioners claimed that the provision was discriminatory as it did not allow women to seek divorce if their husbands were impotent.

They argued that the provision was a result of the discriminatory and patriarchal thinking of the state authorities.

They also claimed that it was a violation of Article 11 of the Constitution, which guarantees the right to equality between men and women.

nepalnews.com pb Mar 31 06 Refer this page Advertisement Seven party alliance urges people to take part in general strike SC scraps provision of divorce on

Men can't file for divorce over infertility, Nepal's Supreme Court ...

...Judges ruled that the provision in the divorce law violated the constitution, which guarantees gender equality in Nepal, and ordered the government to immediately end the practice, the notice said.

The court made the decision on Thursday, a year after a case was filed by a Katmandu-based women's rights group, Forum for Women, Law and Development.

Under the overturned law, men were able to file for divorce if they could prove through a doctor their wives were unable to conceive for 10 years.

The women's group argued men were also responsible for couple not being able to have children, which the law did not consider.

A study by the group in 2000 showed that the existing laws in Nepal had 118 provisions which discriminated against women and needed to be changed.

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Men can’t file for divorce over infertility, Nepal’s Supreme ...

...The court made the decision on Thursday, a year after a case was filed by a Katmandu-based women’s rights group, Forum for Women, Law and Development.

Under the overturned law, men were able to file for divorce if they could prove through a doctor their wives were unable to conceive for 10 years.

The women’s group argued men were also responsible for couple not being able to have children, which the law did not consider.

A study by the group in 2000 showed that the existing laws in Nepal had 118 provisions which discriminated against women and needed to be changed.

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