by Chintan Law Associates | Apr 16, 2021 | Legal
Divorce, Partition of Property, and Child Custody in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce is the legal dissolution of the marriage which is carried out by the court that leads to the separation of husband and wife. Divorce can be carried out at anytime given the willingness of both the husband and wife. Learn about divorce by clicking this link: Divorce in Nepal – Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
The issue of property right and custody of child occurs during and after the divorce. Hence, the following are the provisions relating to property rights during or after the divorce.
Which property has to be partitioned?
- Joint property in the name of both husband and wife or in the name of anyone.
What if the husband has not taken the partition of property from his father?
- If the husband has not taken the partition of property from his father, in that condition the court asks for the inventory of the property from both sides and will do partition of property.
- If it takes a long time for partition of property then in that condition, on the basis of the property and income of the husband, the wife will get the monthly expenses.
What if the wife is unwilling for the partition of the property?
- If the wife is willing to have the lump sum amount or annual or monthly amount instead of the property then the court shall decide on the basis of income of the husband.
What if the husband does not have any kind of property?
- If the husband doesn’t have any property but has an income then in that condition the court will ask the husband to pay expenses on the basis of his income.
- The income or partition of property is based on mutual written consensus. Provided that, it is inapplicable to the children.
In what conditions the husband is not liable for partition of property or partition of income or both?
- If the wife conducts remarriage then the husband is not liable for partition of property or partition of income or both.
Child Custody after Divorce
The following are the provisions for the child after the divorce:
Are the children able to get partition of property in case of divorce?
- Yes, the children have right to receive their part of share from the partition of property.
Are the children born after the divorce considered the child of such previous husband?
- Children born within 272 days of divorce are only considered as the child of that husband.
Who are responsible to take the responsibility of the children?
- It is the responsibility of both the parents to look after their children. But in case of divorce:
- Less than 5 years child- If a women has carried out or not another marriage if she wants to take responsibility
- Children more than 5 years- Except in the condition that the women has carried out another marriage, responsibility in the mother
- Except in these two conditions, the responsibility is in the father.
- If during the time of divorce, if they have made a written consent regarding child then as per that consent paper.
- If the child has attained the age of 10 years then as per the decision of the child.
- If one of the partners who take the responsibility dies then the other partner has to take the responsibility of the child. But, in case of child more than 5 years of age then the mother has done remarriage then she is not responsible.
If the consent paper is silent, then it shall be as follows:
- The responsibility lies in mother in case of a child less than 5 years.
- The responsibility lies in father in case of a child of age 5 years or more than that but not less than 10 years.
- The responsibility is as per the decision of the child if the age is more than 10 years.
For more information on Divorce, partition of Property and Child Custody please contact us by email at info@lawchintan.com by phone at +977 9866556697.
Chintan Law Associates – Google Search
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this website. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 29, 2021 | Legal
Divorce in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce means a legal dissolution of the marriage, and results in the legal separation of husband and wife. Divorce in Nepal is governed by the Muluki Civil Code 2017. This article provides a summary of the divorce laws in Nepal.
Divorce between the husband and wife is connected to various legal issues and shall be considered together. For instance, matters relating to property rights, and child custody are major legal issues faced by the husband and wife during the termination process.
The laws and procedures relating to a Divorce in Nepal are:
Who may file for Divorce in Nepal:- Husband OR wife OR Both may file the case before the district court of their jurisdiction.
Grounds for a Husband to file a Divorce case against wife:-
S.N.
|
Grounds for Divorce in Nepal
|
1.
|
If the wife lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the wife didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the wife does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the husband.
|
4.
|
If it is proved that the wife is engaged in sexual activities with other people.
|
Grounds for a Wife to file a Divorce case against husband:-
S.N.
|
Grounds
|
1.
|
If the husband lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the husband didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the husband does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the wife.
|
4.
|
If the husband solemnizes another marriage.
|
5.
|
If it is proved that the husband is engaged in sexual activities with another woman..
|
6.
|
Marital rape.
|
Time Required for divorce: The court shall finalize the case of divorce within one year of the application filed.
Procedure that needs to be followed for divorce:
1. The party who wants to file for divorce must file an application in the District Court of the District where the applicant resides.
|
2. The court through the help of its officers shall then give notice (summons) of Divorce petition to the other party.
|
3. The other party attends the court and submit their written reply.
|
4. The court then convinces both the parties for mediation.
5. If mediation fails, the court will rule on divorce.
|
Things that need to be carried out before divorce:-
-
Partition of property: Partition of common property in the joint name, or any one’s name among husband and wife is to be done, and if it is found that the partition of the property takes long time then the husband has to provide monthly expenses to the wife as per his property and income.
-
However, if the Divorce is filed by the wife, the husband is not obliged for that.
Condition in which the wife can get lump sum amount rather than Partition of property
The court can order the husband to provide lump sum amount or annually or monthly expenses on the basis of his income if the wife desired so but if the wife conducts another marriage then the husband is not liable to pay.
Documents Required for divorce: The following documents are required along with application for the divorce:
-
Marriage Registration Certificate
-
Notarized copy of Citizenship certificate of husband and wife
-
Name and address of one witness each
-
Other evidences/documents, if any.
For more information on Divorce in Nepal please contact us at info@lawchintan.com or call us at +977 9866556697.
Learn about Court Marriage or Marriage Registration instead? Click the link: Court Marriage in Nepal | Marriage Registration in Nepal: Executive Summary with Latest Updates- Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
chintan law associates – Google Search
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 15, 2021 | Legal
Divorce in Nepal – Exclusive 3 Mins Read
Contact Us – Chintan Law Associates (lawchintan.com)
Divorce means a legal dissolution of the marriage, and results in the legal separation of husband and wife. Divorce in Nepal is governed by the Muluki Civil Code 2017. This article provides a summary of the divorce laws in Nepal.
Divorce between the husband and wife is connected to various legal issues and shall be considered together. For instance, matters relating to property rights, and child custody are major legal issues faced by the husband and wife during the termination process.
The laws and procedures relating to a Divorce in Nepal are:
Who may file for Divorce in Nepal:- Husband OR wife OR Both may file the case before the district court of their jurisdiction.
Grounds for a Husband to file a Divorce case against wife:-
S.N.
|
Grounds for Divorce in Nepal
|
1.
|
If the wife lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the wife didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the wife does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the husband.
|
4.
|
If it is proved that the wife is engaged in sexual activities with other people.
|
Grounds for a Wife to file a Divorce case against husband:-
S.N.
|
Grounds
|
1.
|
If the husband lives separately without the consent of husband for 3 consecutive years or more than that.
|
2.
|
If the husband didn’t provide basic needs to the husband and abandons him from home.
|
3.
|
If the husband does any work or do any conspiracy that may cause grievous hurt or any other physical or mental harm to the wife.
|
4.
|
If the husband solemnizes another marriage.
|
5.
|
If it is proved that the husband is engaged in sexual activities with another woman..
|
6.
|
Marital rape.
|
Time Required for divorce: The court shall finalize the case of divorce within one year of the application filed.
Procedure that needs to be followed for divorce:
1. The party who wants to file for divorce must file an application in the District Court of the District where the applicant resides.
|
2. The court through the help of its officers shall then give notice (summons) of Divorce petition to the other party.
|
3. The other party attends the court and submit their written reply.
|
4. The court then convinces both the parties for mediation.
5. If mediation fails, the court will rule on divorce.
|
Things that need to be carried out before divorce:-
-
Partition of property: Partition of common property in the joint name, or any one’s name among husband and wife is to be done, and if it is found that the partition of the property takes long time then the husband has to provide monthly expenses to the wife as per his property and income.
-
However, if the Divorce is filed by the wife, the husband is not obliged for that.
Condition in which the wife can get lump sum amount rather than Partition of property
The court can order the husband to provide lump sum amount or annually or monthly expenses on the basis of his income if the wife desired so but if the wife conducts another marriage then the husband is not liable to pay.
Documents Required for divorce: The following documents are required along with application for the divorce:
-
Marriage Registration Certificate
-
Notarized copy of Citizenship certificate of husband and wife
-
Name and address of one witness each
-
Other evidences/documents, if any.
For more information on Divorce in Nepal please contact us at info@lawchintan.com or call us at +977 9866556697.
Learn about Court Marriage or Marriage Registration instead? Click the link: Court Marriage in Nepal | Marriage Registration in Nepal: Executive Summary with Latest Updates- Exclusive 3 Mins Read – Chintan Law Associates (lawchintan.com)
chintan law associates – Google Search
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 14, 2021 | Business
Public Company Registration in Nepal
Incorporation of Public Company in Nepal
Public company is that company that raises the fund from the general public. “Limited” is used after the name of the public company.
Time required for the registration of the public company: Maximum 7 days from the date of application filed.
Number of promoters: At least 7 to unlimited. But if one public company incorporates the other public company then there is no need of seven promoters.
Number of Board of Directors: At least 3 to maximum 11, and if a woman is shareholder then at least 1 woman.
Number of shareholders: At least 7 to maximum unlimited.
Capital: Paid up capital of the public company must be at least 1 core except mentioned in Nepal Gazette or as per the Government of Nepal.
Government Revenue: The revenue is levied on the basis of the capital of the public company:
| S.N. |
Capital Authorized in NPR |
Registration Fee |
| 1. |
Up to 10,000,000 |
15,000 |
| 2. |
10,000,001 to 100,000,000 |
40,000 |
| 3. |
100,000,001 to 200,000,000 |
70,000 |
| 4. |
200,000,001 to 300,000,000 |
100,000 |
| 5. |
300,000,001 to 400,000,000 |
130,000 |
| 6. |
400,000,001 to 500,000,000 |
160,000 |
| 7. |
Above 500,000,000 |
160,000 + 3,000 for each 10,000,000 |
Required Documents:
- Application
- Memorandum of Association
- Articles of Association
- Copy of Agreement if there is an agreement between the promoters
- Notarized copy of citizenship if promoter is a Nepali Citizen
- Prior approval or license if required
- Power of Attorney.
Learn about foreign branch company registration in Nepal
https://lawchintan.com/register-branch-company-in-nepal/
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this website. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
by Chintan Law Associates | Mar 7, 2021 | Business, Legal
Registration of Non-Profit Company
Registration of Company Not Distributing Profit
Foundation Registration in Nepal
Company not distributing profit is a company that are not entitled to distribute or pay to its members any dividends or any other moneys out of the profits earned or savings made for the attainment of any objectives.
Objectives of the establishment of company not distributing profit:
- To develop and promote any profession or occupation.
- To protect the collective rights and interests of the person engaged in any specific profession or occupation.
- To carry on any enterprise for the attainment of any scientific, academic, social benevolent or public utility or welfare objective on the condition of not distributing dividends.
Q. Where we can file the application for the registration of this type of company?
A. We can file the application in the Office of Company Registrar.
Number of promoters needed to register this type of company: At least 5 members to unlimited members.
Time required for the registration: Maximum 7 days from the date of application filed.
Q. What if we need to change the objectives of the company?
A. To change the objectives of the company, the company has to obtain prior approval from the Office of Company Registrar.
Q. Can the company not distributing profit be merged with company distributing profit?
A. No, they cannot be merged.
Government Revenue for its registration: NPR 15,000/-
Other Essential Points:
- No need to require share capital to incorporate this type of company.
- Members of this type of the company are not liable for debts and liabilities of the company except they accept such liability in writing.
- The dividends, bonus or other profit of the company are not distributed among their employees but that profits are used to increase the capital of the company or for the attainment of the objectives.
Document required for registration of the company:
- Application
- Memorandum of Association (Prabandha Patra)
- Articles of Association (Niyamawali)
- Notarized copy of citizenship certificates of all Promoters
- Power of Attorney
Resource Person: Zubin Niroula Khatri, Attorney at Law (Contact Number: +977 9851133809)
Disclaimer: The information published on this website is for general information purposes only, and shall not be construed as a solicitation or an offer for an attorney-client relationship. No one should act or rely upon any information or response to a request for information automatically generated as a result of electronic searches on this site. Chintan Law Associates assumes no liability for such use or interpretation of the subject-matter.
