Family Law Matters in Nepal

Family Law Matters in Nepal is a broad topic that covers various issues and aspects of family relations and domestic affairs. According to my search, family law in Nepal is mainly governed by Part 3 of the Muluki Civil Code 2017, which sets out the legal provisions on matters such as marriage, divorce, partition of property, succession, adoption, child custody, alimony, etc. However, family law in Nepal is also influenced by other sources of law, such as the Constitution of Nepal, the National Civil Procedure (Code) Act 2017, and the customary laws and practices of different ethnic and religious groups.

Some of the common issues and challenges that arise in family law matters in Nepal are:

• Marriage: Marriage is a legal and social institution that establishes the rights and obligations of the spouses and their children. Marriage in Nepal can be performed either by registration or by customary rites. The legal age for marriage is 20 years for both males and females unless consent is obtained from the parents or guardians. The Muluki Civil Code 2017 recognizes various forms of marriage, such as arranged marriage, love marriage, inter-caste marriage, inter-religious marriage, etc. However, some forms of marriage are prohibited, such as polygamy, polyandry, child marriage, incestuous marriage, etc.
• Divorce: Divorce is the legal dissolution of a marriage by a court or other competent authority. Divorce in Nepal can be obtained either by mutual consent or by filing a petition on certain grounds. The grounds for divorce include adultery, desertion, cruelty, impotence, insanity, imprisonment, incurable disease, conversion to another religion, etc. The Muluki Civil Code 2017 also provides for divorce by mediation, which is a process of resolving marital disputes through the assistance of a mediator. The effects of divorce include the termination of marital rights and obligations, the division of marital property, the payment of alimony or maintenance, and the custody and support of children.
• Partition of property: Partition of property is the division of joint or common property among the co-owners or co-sharers. Partition of property in Nepal can be done either by mutual agreement or by filing a suit in court. The co-owners or co-sharers of the property include the husband, wife, father, mother, son, daughter, etc. The Muluki Civil Code 2017 specifies the matters to be included in the deed of partition, such as the name, address, age, and relation of each co-owner or co-sharer; the property to be received by each co-owner or co-sharer; the debts and liabilities involved; the details of any trust or condition; etc.
• Succession: Succession is the practice of passing on property, title, debts, rights, and obligations upon the death of an individual. Succession in Nepal can be either testamentary or intestate. Testamentary succession is when an individual makes a will to dispose of his or her property after death. Intestate succession is when an individual dies without making a will and his or her property devolves according to the law. The Muluki Civil Code 2017 provides for the order of preference of heirs for intestate succession, which includes the spouse, children, parents, grandparents, siblings, uncles and aunts, nephews and nieces, etc. However, some persons can be disqualified for succession if they kill or cause the death of another person to obtain the property.
• Adoption: Adoption is the legal process of creating a parent-child relationship between two persons who are not biologically related. Adoption in Nepal can be either domestic or inter-country. Domestic adoption is when a Nepali citizen adopts a Nepali child within Nepal. Inter-country adoption is when a foreign citizen adopts a Nepali child from Nepal. The Muluki Civil Code 2017 lays down the conditions and procedures for adoption, such as the eligibility and consent of the adoptive parents and the adoptee; the best interest and welfare of the adoptee; the registration and certification of adoption; etc.
• Child custody: Child custody is the legal right and responsibility to care for and make decisions for a child. Child custody in Nepal can be either joint or sole. Joint custody is when both parents share the custody and decision-making for their child. Sole custody is when one parent has exclusive custody and decision-making for their child. The Muluki Civil Code 2017 provides for the factors to be considered by the court in determining child custody cases.

such as the age and sex of the child; the physical and mental health of the child and the parents; the emotional bond between the child and each parent; the preference of the child if he or she is capable of expressing it; etc