We, the undersigned, urgently call for reform in Nepal's divorce and property laws. The current practice distorts marriage decisions by prioritizing property over personal compatibility. We advocate for simplifying the divorce process and ensuring ancestral property does not influence marital decisions. 

Ancestral property should not be a factor that forces couples to stay together. 

पुरखौली सम्पत्ति जोडीहरूलाई एकसाथ बस्न बाध्य पार्ने तत्व हुनु हुँदैन।
 

Unfair Treatment in Divorce Proceedings
Under Nepalese divorce law, ancestral property, which is a critical asset for many Nepali families, is divided 50:50 during divorce. Ancestral property is deeply significant in Nepali culture and economy, representing a lifeline for many. However, the current legal framework tends to favor one party disproportionately, making it exceedingly difficult for men to initiate divorce proceedings without facing severe financial repercussions, particularly concerning ancestral property which has been accumulated over generations. 

Unfair Inheritance Rights: The current practice dictates that ancestral property is inherited only by sons, while daughters are excluded from such inheritance. This is not fair! 

Comparison with Other Countries
Nepal's current divorce and property laws are out of step with international standards. In many countries, divorce and property division laws are designed to be equitable and only marital property is subjected to division. Nepal's existing framework, which can lead to the loss of ancestral property, is not only unfair but also unique in its harshness.

Why the Current Law Makes Women Seeking Divorce Unsafe

Increased Domestic Violence: The pressure and financial strain caused by the threat of losing ancestral property can escalate tensions within the household. Women seeking divorce may be at increased risk of domestic violence from partners who feel threatened by the prospect of losing their property.
Legal and Social Stigma: Women who seek divorce may face social stigma and legal challenges that further isolate them and make it harder to seek help. The current system's biases and harsh penalties can deter women from pursuing their legal rights, leaving them in precarious and potentially dangerous situations.

Impact on Society
The unfair division of ancestral property has not only caused financial strain but has also contributed to increased instances of domestic violence and severe mental stress. Such stress can escalate to extreme actions, including violent crimes. A recent tragic case underscores this issue:

Mamta Kafle Bhatt Tragedy

The recent case of Mamta Kafle Bhatt highlights the dire consequences of the current legal system. Mamta, a dedicated nurse and mother, went missing under tragic circumstances, and her husband, Naresh Bhatt, has been accused of her murder. While the specific reasons for this tragedy are complex, it is clear that the strain caused by legal and financial pressures may have played a role in escalating the situation.

Naresh Bhatt's extreme actions reflect the intense personal and financial pressures that the current divorce laws place on individuals. Such cases are becoming increasingly common, indicating a systemic issue that needs urgent reform.

Call for Reform
We call upon the Government of Nepal and relevant authorities to:

 

Reform Divorce Laws: Ancestral property should not be subjected to division, only marital property should be! Property earned by the hard work of ancestors should be passed only through blood lineage, preserving the legacy of their efforts. Create a more balanced approach that considers the financial and emotional well-being of both parties, particularly when ancestral property is involved.

Reform Property Laws: Ensure equal division of parental property between sons and daughters. This reform will empower women by providing them with their own property, reducing dependency on spouses.

Protect Ancestral Property: Ensure that ancestral property is safeguarded during divorce proceedings to prevent unjust loss.
Promote Gender Equity: Address the inherent gender biases in the current laws to ensure fairness for all parties involved.
Prevent Violence: Implement measures to reduce the risk of domestic violence and other extreme outcomes linked to financial and legal pressures.
Conclusion
The current state of divorce and property laws in Nepal requires immediate attention to prevent further tragedies and ensure justice for all. By addressing these issues, we can create a fairer legal system that upholds the rights and well-being of every individual.

We urge you to act swiftly to address these concerns and initiate reforms to ensure justice and equity in Nepal's divorce and property laws.