US-divorced entitled to husband's property

KATHMANDU, March 3: Contravening an order by a US court, the Supreme Court on Thursday said that a Nepali woman is entitled to a share of her ex-husband´s property.



The Kathmandu District Court and Patan Appellate Court had issued orders that a Nepali woman (name not mentioned) who used to stay in the US but came back to Nepal following feud with her husband is not entitled to share her ex-husband´s property saying that he had already divorced her.[break]



The special bench of SC justices Bal Ram KC, Bharat Raj Uprety and Kamal Narayan Das said that the Nepali woman is entitled to a share of her ex-husband´s property despite the US court´s decision to accept divorce paper filed by her ex-husband.



In the meantime, the woman filed a case at the Kathmandu District Court seeking a court order to claim a share of her ex-husband´s property.



However, the Kathmandu District Court issued an order declining woman´s demand and said she is not entitled to the property as the man had already divoced her.



The Appellate Court also upheld the district court´s order. After this the woman challenged the decision at the Supreme Court.

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