KATHMANDU: A few days ago, Janamat Party President and Member of Parliament Dr. CK Raut and his wife Soni Sindhu Rani reached a legal settlement to continue their marriage without officially divorcing.
Raut had filed for divorce in the month of Nepali month of Bhadra, citing irreconcilable differences. However, the case was resolved after Rani refused to agree to the separation.
The settlement, approved by Judge Nirmala Yongya at the Lalitpur District Court on April 23, 2025, allows the couple to live separately while maintaining their marital status.
As part of the agreement, Raut will pay his wife Rs 33,000 per month, with a 10 percent annual increment adjusted for inflation.
He is also required to construct a house on the land he transferred to her in the Kathmandu Valley. Furthermore, Raut will divide his ancestral property into five parts—one each for their three children, himself, and his wife.
The agreement includes several conditions: Neither party will publicly criticize the other, and the custody of all three children will remain with Raut.
In the case of CK Raut and his wife, the couple has legally separated while remaining married—a growing trend that allows for individual freedom without undergoing formal dissolution of marriage.
The property designated for the children will stay under his name, and Rani will not have rights over any assets Raut acquires in the future. However, the children will remain the legal heirs.
This settlement comes after months of public controversy, during which both Raut and Rani accused each other through interviews and social media. Following the court’s decision, Raut posted a photo with his wife on social media, signaling a public reconciliation of sorts.
Raut had earlier accused his wife of mental illness and claimed that political adversaries were exploiting her vulnerability. He said he had spent significant amounts on her treatment, but without improvement.
The initial divorce petition referred to a “partial divorce,” citing that Rani often stayed with her relatives and did not live at home.
Rani, in turn, alleged a decade of domestic abuse and infidelity. She claimed to have caught Raut with other women multiple times and accused him of trying to cast her aside to remarry.
Rani, originally from Simaria Gram Panchayat in Bihar, India, is the daughter of Umesh Singh and has a background in general literature. The couple has three children, with the eldest son aged 13 and the youngest daughter 8.
Legal expert: Separation with share is a legal option
Advocate Bikash Giri explains that in situations where one party does not agree to divorce, a legal alternative is “separation with share.” He told Khabarhub that under Nepali law, both spouses can file for divorce, but if one refuses, the court may not grant it immediately.
“In such cases, a separate petition for property division and living apart—without divorce—can be filed,” said Giri. He emphasized that Section 98 of the Civil Code mandates a reconciliation period or “cooling period” of one year before finalizing any divorce.
While the Civil Code prohibits entering into another marriage without first obtaining a divorce, Giri clarified that under the Criminal Code, if the first wife has already received her share through a legal settlement, the act is not considered polygamy.
Giri also clarified that separation with a share does not remove the wife’s rights. However, it allows both parties the legal space to remarry.
“If the husband has already given the wife her share, he can remarry under Sub-section 3 of Section 175 of the Penal Code. This is not considered polygamy,” he said.
He added that many men have recently opted for this form of legal separation without divorce to bypass the restrictions of the Devani Samhita, which requires formal divorce before remarrying.
In the case of CK Raut and his wife, the couple has legally separated while remaining married—a growing trend that allows for individual freedom without undergoing formal dissolution of marriage.
However, if a child is born from the relationship, it is recognized as a marital relationship only in terms of paternity, but the woman does not receive the legal status of a wife, nor does she have rights to property or marital shares, Giri explained.
In such cases, the marriage is not officially registered. The child, however, is entitled to inheritance based on paternity. A second marriage can only be registered through a formal settlement agreement or a court judgment.
While the Civil Code prohibits entering into another marriage without first obtaining a divorce, Giri clarified that under the Criminal Code, if the first wife has already received her share through a legal settlement, the act is not considered polygamy.
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