Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, April 1, 2006

Nepal Supreme Court Says Infertility Not Basis for Divorce

The Supreme Court of Nepal Friday ruled that a provision in that country’s 1963 Civil Code that allows men to seek divorce on the grounds of women’s infertility cannot be used because it contravene the constitutional guarantee to equality. The court ruled that the provision was discriminatory and violated women’s rights and declared it inconsistent with the Constitution. Under the Code, a married man could  seek divorce after 10 years of marriage if a government medical board proves his wife's infertility.  The challengers to the law argued that the provision was discriminatory as it did not allow women to seek divorce if their husbands were impotent. The court asked the government to promulgate an equal law on the Husband and Wife section of the Civil Code.  Source.  Nepalhumanrightsnews.com. For the complete story, please click here (last visited April 1, 2006, reo).

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