chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Code, 2017

79. Consent deed to be prepared: If it is decided that the marriage between the applicants shall be solemnized under Section 78, the concerned authority shall prepare a consent deed stating the matters mentioned in the application and that the parties to the marriage have consented to accept each other as husband and wife according to law, obtain the signatures or thumb impressions of the parties and the witnesses present in his presence, and affix his own signature or thumb impression on such consent deed. 80. Provisions relating to marriage registration: (1) After obtaining signatures or thumb impressions on the consent deed under Section 79, the concerned authority shall register such marriage in the marriage register book and affix or cause to affix signatures or thumb impressions of himself, the parties to the marriage, and the witnesses present.

(2) After registering the marriage under sub-section (1), the concerned authority shall issue a certificate of marriage registration to the parties to the marriage in the format prescribed Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. by the prevailing law.

(3) From the date of receiving the certificate of marriage registration under sub-section (2), the marriage between the applicants shall be deemed to have been solemnized. 81. Provision relating to use of surname by married woman: (1) A married woman may, after marriage, use the surname used by her father or mother, or the surname of her husband, or both surnames.

(2) In case of any question regarding the surname of a married woman, she shall be deemed to have used her husband's surname, unless proved otherwise.

(3) If a woman who has used her husband's surname gets divorced, she may, if she wishes, use the surname used by her father or mother. 82. Marital relationship deemed terminated: The marital relationship between husband and wife shall be deemed terminated in any of the following circumstances:

(a) If the marriage is void under Section 72 or annulled under Section 73,
(b) If the husband and wife are divorced according to law,
(c) If the wife marries another without having obtained a divorce according to law. 83. Remarriage may be contracted: Notwithstanding anything contained elsewhere in this Chapter, a man or woman may remarry in any of the following circumstances:

(a) If the marital relationship between husband and wife has terminated under Section 82,
(b) Upon the death of the husband or wife,
(c) If the husband or wife has separated by partition of shares as per law. 84. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within three months from the date of such act or action.
Muluki Civil Code, 2017

84. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within three months from the date of such act or action. Chapter-2

Provisions Relating to Consequences of Marriage

85. Deemed husband and wife: If a marriage is solemnized between a man and a woman, they shall be deemed to be husband and wife to each other as long as such marital relationship subsists. 86. Relationship and duties of husband and wife: (1) There shall be mutual love and goodwill between husband and wife.

(2) Unless otherwise provided by mutual agreement, husband and wife shall live together, establish family life, and make a living.

(3) Husband and wife shall provide mutual assistance, protection, and respect to each other. 87. Husband's home deemed residence: Unless husband and wife have determined a separate residence by mutual agreement, the wife's residence shall be deemed to be established at the husband's home. 88. Deemed mutual representatives: Unless otherwise provided by law or in case of legal dispute between husband and wife, the husband or wife shall be deemed to be each other's representative in ordinary household affairs. 89. Treatment according to status: Husband or wife shall provide or cause to provide food, clothing, and medical treatment to each other according to their honor and capacity. 90. Household to be managed by consent: (1) Husband and wife living in a joint family shall manage the household on the basis of mutual consent, in accordance with their property, income, and status.

(2) When selling or otherwise transferring property in their own name, husband or wife shall obtain consent from each other, unless otherwise provided by law. 91. Not to prevent profession, business, or work: Husband or wife or any family member shall not prevent each other from engaging in any profession, business, or work according to their skill, qualification, or capacity. 92. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within three months from the date of such act or action. Chapter-3

Provisions Relating to Divorce

93. Divorce by mutual consent: Husband and wife may divorce at any time if both so wish. 94.
Muluki Civil Code, 2017

Chapter-3

Provisions Relating to Divorce

93. Divorce by mutual consent: Husband and wife may divorce at any time if both so wish. 94. Husband may seek divorce: A husband may seek divorce, even without the wife's consent, in any of the following circumstances:

(a) If the wife has been living separately without the husband's consent for a continuous period of three years or more, except where they have been living separately by taking a share or separating the share according to law,
(b) If the wife has denied the husband food and clothing or expelled him from home,
(c) If the wife has committed any act or deception causing the husband bodily harm or any other great physical or mental suffering,
(d) If the wife is found to have had sexual relations with another man. 95. Wife may seek divorce: A wife may seek divorce, even without the husband's consent, in any of the following circumstances:

(a) If the husband has been living separately without the wife's consent for a continuous period of three years or more, except where they have been living separately by taking a share or separating the share according to law,
(b) If the husband has denied the wife food and clothing or expelled her from home,
(c) If the husband has committed any act or deception causing the wife bodily harm or any other great physical or mental suffering,
(d) If the husband has married another,
(e) If the husband is found to have had sexual relations with another woman,
(f) If the husband is found to have raped the wife. 96. Application to be filed for divorce: A husband or wife wishing to divorce shall file an application with the Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. concerned District Court. 97. Reconciliation of husband and wife: Upon receiving an application for divorce under Section 96, the court shall, as far as possible, counsel and make efforts to reconcile both parties. 98. Divorce to be granted: If, despite counseling under Section 97, the husband and wife cannot be reconciled and it is deemed more appropriate to dissolve the marriage than to maintain it, the court shall grant them a divorce. Provided that, if the husband and wife do not consent despite the court's counseling efforts for reconciliation under Section 97, the court shall grant the divorce after one year from the date of application. 99.
Muluki Civil Code, 2017

Provided that, if the husband and wife do not consent despite the court's counseling efforts for reconciliation under Section 97, the court shall grant the divorce after one year from the date of application. 99. Partition of shares to be made before divorce: (1) In a situation where divorce is to be effected due to the husband's fault, if the wife so demands, the concerned court shall cause the partition of shares between the husband and wife before granting the divorce.

(2) If the wife files an application for divorce on the grounds under clause (b), (c), (d), (e), or (f) of Section 95, it shall be deemed, for the purposes of sub-section (1), that the divorce is due to the husband's fault.

(3) If the joint property is in the names of both husband and wife or in the name of either of them, partition of such property shall be made between them according to law before the divorce.

(4) If the husband who is to be divorced has not yet obtained a share from his father or other coparcener, the court shall require both parties to disclose the coparceners, and if there are other coparceners for partition, after inquiring with them if necessary, demand a schedule of shares from them, and separate and cause the partition of the shares of the husband and wife.

(5) If it appears that the partition under sub-section (1), (3), or (4) will take a long time, the court may grant the divorce and order the husband to provide monthly maintenance to the wife based on the husband's property and income until the partition is made. Provided that, if such woman remarries before partition, she shall not be entitled to a share.

(6) Notwithstanding anything contained elsewhere in this section, the husband shall not be bound to provide a share or maintenance under this Chapter to a wife who has filed for divorce on the grounds under clause (b), (c), or (d) of Section 94. 100. Lump sum amount or maintenance may be ordered: Notwithstanding anything contained in Section 99, if a wife who is to be divorced wishes to receive a lump sum amount or annual or monthly amount or maintenance from the husband instead of taking a share, the court may, based on the husband's property or income, order the payment of a lump sum amount to such wife or provide annual or monthly amount or maintenance. Provided that, if such wife remarries, such amount or maintenance shall not be required to be paid. 101.
Muluki Civil Code, 2017

Provided that, if such wife remarries, such amount or maintenance shall not be required to be paid. 101. Maintenance for food and clothing may be ordered: If, when partition under Section 99 is required, a wife does not receive a share from the husband due to lack of any property, and if she wishes to claim maintenance for food and clothing from the husband, and if the husband has income, the court may order the husband to provide maintenance for food and clothing to such wife based on his income after the divorce. Provided that:

(1) If such wife remarries, such maintenance shall not be required to be paid.
(2) If the wife's income is higher than the husband's, such maintenance shall not be required to be paid. 102. As per agreement: Notwithstanding anything contained elsewhere in this Chapter, if there is a written agreement between the husband and wife regarding the share or maintenance the wife is to receive upon divorce, it shall be according to such agreement. Provided that no agreement shall be made contrary to the interests of a minor. 103. Previous children or husband to receive property: If a divorced woman dies, her property shall go to her sons and daughters, if any; if there are no sons or daughters, the property received from the ex-husband shall go to such husband, and other property shall go to the heirs from the maternal side. 104. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within three months from the date on which the cause of action arose or from the date of knowledge. Chapter-4

Provisions Relating to Relationship of Mother, Father and Sons, Daughters

105. Maternity or paternity determined from mother, father: (1) When determining the maternity or paternity of a person, it shall be based on that person's mother or father.

(2) When determining paternity under sub-section (1), it shall be presumed, unless proven otherwise, that the person who was the husband of the mother at the time of the birth of such person is the father. 106. Child presumed born from married husband: Unless proven otherwise, a child born under the following circumstances shall be presumed to be born from the married husband:

(a) Born one hundred and eighty days after the date of marriage,
(b) Born within two hundred and seventy-two days from the date of the husband's death or termination of the marital relationship. 107.
Muluki Civil Code, 2017

107. Paternity may be denied: (1) Unless otherwise agreed between husband and wife, the husband, or if the husband has died before the birth of such child, his heir, may deny the paternity of a child born to the wife before one hundred and eighty days of marriage.

(2) Notwithstanding anything contained in sub-section (1), if a man married a woman knowing or having reasonable cause to know that she was pregnant before marriage, the paternity of the child shall not be denied solely because it was born before such period. 108. Claim of son, daughter or paternity to be made: (1) When claiming that a child whose paternity or maternity is unknown is one's own son or daughter, such claim shall be made within two years from the date of birth or identification of such child.

(2) When claiming paternity of a child born without known paternity, such claim shall be made within two years from the date of birth of such child. Provided that, such claim shall not be made after the death of such child. 109. Paternity of child born through artificial insemination vests in father: A child born through artificial reproductive technology using the semen of another person with the consent of the husband and wife shall be deemed to be born from the married husband, and his paternity shall be determined accordingly. 110. As decided by court: If a dispute arises regarding the maternity or paternity of a person, it shall be resolved as decided by the court. 111. Right to name and surname: (1) Every person shall, after birth, have the name given by his or her mother or father according to their religion, culture, custom, and tradition.

(2) If the mother or father of a person is not immediately available or cannot be made available, such person shall have the name given by the guardian or caretaker caring for him or her.

(3) Every person shall, after birth, be entitled to use the surname determined by the consent of his or her mother and father, or if such consent cannot be obtained, the surname of his or her father, after his or her name.
Muluki Civil Code, 2017

Provided that, a person whose paternity is unidentified may use his or her mother's surname after his or her name.

(4) Notwithstanding anything contained in sub-section (3), any person may, if he or she wishes, use the surname of his or her father or mother or both.

(5) In case of any question regarding a person's surname, he or she shall be deemed to have used his or her father's surname, unless proved otherwise.

(6) Notwithstanding anything contained elsewhere in this section, a person whose father or mother is both unidentified may use the surname given by the guardian caring for him or her after his or her name. 112. Right to mention names of mother, father, grandfather, grandmother: (1) If it is required by law to mention the names of mother, father, grandfather, and grandmother in any formal act, legal proceeding, or document, any person may mention the names of his or her mother, father, grandfather, and grandmother.

(2) If the father of a person required to mention the names of mother, father, grandfather, and grandmother under sub-section (1) is untraced, such person may mention the names of his or her mother and the maternal grandfather and grandmother; and if the mother's name is also untraced, it shall be sufficient to mention that fact and, if the person is a minor, the name of the guardian or caretaker, and if an adult, only his or her own name. 113.
Muluki Civil Code, 2017

113. Birth of son, daughter to be registered: (1) If a son or daughter is born to a couple, the mother or father shall file an application for birth registration with the authority prescribed Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. by law within three months of the birth of such son or daughter.

(2) If a person wishes to file an application for birth registration of a son or daughter after the expiry of the period under sub-section (1), he or she shall pay a fine as prescribed Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. by the prevailing law.

(3) Upon receipt of an application under sub-section (1) or (2), the concerned authority shall record the details in the birth register book maintained in his office and issue a certificate of birth registration to the applicant in the format prescribed by law.

(4) While recording details in the register book under sub-section (3), the name, surname, date of birth (including year, month, day, and day of the week), and place of birth of the concerned person, and the names, surnames, and addresses of his or her mother, father, grandfather, and grandmother shall be mentioned.

(5) The concerned authority under sub-section (3) shall, within the fifteenth day of the following month, send the details recorded in the register book maintained in his office up to the end of each month to the District Administration Office; and such office shall also, by the end of each month, record such details in the birth register book maintained in its office for that purpose and send them every three months to the ministry designated by the Government of Nepal by publishing a notice in the Nepal Gazette.

(6) The concerned ministry shall record the details received under sub-section (5) in the birth register book maintained for that purpose and keep an updated record every year. 114. Care and maintenance to be provided: (1) Every minor shall be cared for and maintained jointly by the mother and father.

(2) While providing care and maintenance under sub-section (1), the mother and father shall, according to their financial status and capacity, make arrangements for upbringing, medical treatment, education, training, sports, recreation, and other necessary provisions. 115.
Muluki Civil Code, 2017

115. To be in the custody of mother or father: (1) Notwithstanding anything contained in Section 114, if the marital relationship of the husband and wife is terminated according to law, a minor child born to them shall be in the custody of the mother or father as follows:

(a) If the minor has not completed the age of five years, in the custody of the mother if she wishes, regardless of whether she has remarried or not,
(b) If the minor is above five years of age, in the custody of the mother if she wishes, except where she has remarried,
(c) In circumstances other than those in clauses (a) or (b), in the custody of the father.

(2) Notwithstanding anything contained in sub-section (1), if there is a separate agreement regarding the custody of the minor at the time of divorce or separation, it shall be according to such agreement.

(3) Notwithstanding anything contained in sub-section (1), when deciding whether a minor who has completed the age of ten years shall be in the custody of the father or mother, the opinion of the concerned minor may be taken.

(4) Notwithstanding anything contained elsewhere in this section, if a minor is in the custody of either the mother or father under this section, and the parent having custody dies, the surviving mother or father shall immediately take such minor into his or her custody. Provided that, if the mother has already remarried, she shall not be compelled to take custody of a minor who has completed five years of age.

(5) Notwithstanding anything contained elsewhere in this section, if the husband and wife are separated according to law and they have a minor child, arrangements for the upbringing, education, and medical treatment of such minor shall be as per any agreement between the husband and wife; in the absence of such agreement, it shall be as follows:

(a) If the minor has not completed five years of age, in the custody of the mother,
(b) If the minor is five years of age or above but has not completed ten years of age, in the custody of the father,
(c) If the minor has completed ten years of age, in the custody of the parent with whom the minor consents to live. 116.
Muluki Civil Code, 2017

116. Necessary care and maintenance to be provided: (1) The mother or father who has taken custody of a minor under Section 115 shall provide care and maintenance to the minor in their custody, and while providing such care and maintenance, shall do so as mentioned in sub-section (2) of Section 114.

(2) Notwithstanding anything contained in sub-section (1), if the mother or father who does not have custody has a higher income than the parent having custody, such parent shall provide expenses for the upbringing, education, and medical treatment of such minor as agreed upon by such parents, and if such agreement cannot be reached, as determined by the court. 117. Right to visitation: (1) In case of termination of marital relationship according to law or separation of mother and father, a minor in the custody of the mother shall be allowed to visit the father, and a minor in the custody of the father shall be allowed to visit the mother from time to time, or, by agreement of the mother and father, to stay with them for a certain period. Provided that, if there is any possibility that such visitation or stay would be detrimental to the minor's interest, the concerned District Court may issue an order prohibiting such visitation or stay, as amended by Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. the concerned District Court.

(2) The frequency of visits or the duration of stay with the father or mother under sub-section (1) shall be as determined by the concerned mother and father, and if such determination cannot be made, as per the order of the Amended by the Act Amending Some Nepal Acts Related to the Civil Code, 2075. concerned District Court.

(3) If a minor is with the father or mother under this section, the parent keeping the minor shall provide care and maintenance to such minor as mentioned in sub-section (2) of Section 114. 118. Rights of sons and daughters to remain: (1) Even if the marital relationship between husband and wife is terminated under this Code, the legal rights of sons and daughters born to them over their father and mother and the obligations of the father and mother towards them shall remain.

(2) Even if the father and mother of a person are not capable of being husband and wife under this Code, the legal rights of sons and daughters born to them over their father and mother and the obligations of the father and mother towards them shall remain. 119.
Muluki Civil Code, 2017

119. Not to live separately without consent: (1) Sons and daughters shall not live separately from their mother and father without their consent.

(2) Notwithstanding anything contained in sub-section (1), sons or daughters may live separately from mother and father in any of the following circumstances:

(a) If they have separated from mother and father by taking or not taking a share according to law,
(b) If they have married,
(c) If they have completed at least twenty-one years of age, or
(d) If they have obtained employment. 120. Minor not to work as laborer: A minor who is permitted to work as a laborer according to law shall not work as a laborer without the consent of the mother, father, other guardian, or caretaker. 121. Decision of parent with custody to prevail: If a dispute arises between the father and mother regarding any decision to be made concerning the rights and interests of a minor born to parents whose marital relationship cannot subsist under this Code or whose marital relationship has terminated, the decision of the parent with whom such minor is living shall prevail. 122. Respect, honor, and care to be provided to mother and father: (1) Every son and daughter shall treat their mother and father with respect and honor.

(2) Every son and daughter shall, whether living in a joint family or having separated according to law, provide necessary care, maintenance, medical treatment, or supervision to their mother and father according to their own economic and social status. 123. Limitation: Where a separate limitation period is prescribed in this Chapter for filing a suit, it shall be according to that; in other cases, a person aggrieved by any act or action done under this Chapter may file a suit within six months from the date of such act or action. Chapter-5

Provisions Relating to Maternal and Paternal Authority

124. Under supervision and control of mother and father: (1) Minor sons and daughters shall remain under the supervision, monitoring, control, protection, or authority of the mother and father.

(2) A minor under sub-section (1) shall comply with the lawful orders, commands, or instructions given by the mother and father. 125.
Muluki Civil Code, 2017

Under supervision and control of mother and father: (1) Minor sons and daughters shall remain under the supervision, monitoring, control, protection, or authority of the mother and father.

(2) A minor under sub-section (1) shall comply with the lawful orders, commands, or instructions given by the mother and father. 125. Maternal and paternal authority to be exercised jointly: (1) The authority exercisable by the mother and father over their sons and daughters, the responsibilities to be fulfilled, and the duties to be observed under this Chapter shall be exercised, fulfilled, and observed jointly with the consent of both.

(2) Notwithstanding anything contained in sub-section (1), the authority to be exercised, the responsibilities to be fulfilled, and the duties to be observed under that sub-section shall be performed by the following mother or father in the following circumstances:

(a) If either the mother or father dies, by the surviving mother or father,
(b) If either the mother or father is of unsound mind, by the mother or father who is of sound mind for the duration of such condition,
(c) If the marital relationship of the mother and father has terminated or they are living separately according to law, by the mother or father who has custody of the minor,
(d) In the case of a minor whose father is untraced, by the mother. 126. Rights, responsibilities, and duties of the person exercising maternal and paternal authority: The rights, responsibilities to be fulfilled, and duties to be observed of the mother or father entitled to exercise maternal and paternal authority under this Chapter shall be as follows:

(a) To keep the minor with oneself, provide proximity, and monitor the minor's work, actions, and conduct,
(b) To provide food and clothing, and to teach how to eat, dress, and work,
(c) To provide affection, love, and care,
(d) To teach and explain social decorum, etiquette, good conduct, morality, values, culture, and lifestyle, and to teach conduct accordingly,
(e) To provide moral education based on social values such as honesty, self-confidence, self-reliance, good character, hard work, and discipline,
(f) To monitor physical and mental health, and to provide or cause to provide medical treatment,
(g) To provide opportunities for play and recreation as needed,
(h) To make available educational materials that are readable and convey positive messages,
(i) To provide guidance to remain loyal to family, society, community, nation, and country,
(j) To keep away from addictions, bad company, and obscene matters,
(k) To teach obedience, respect, and honor,
(l) To do or cause to do any other act necessary for the physical, mental, and intellectual development of the personality. 127.
Muluki Civil Code, 2017

127. No discrimination: Mother and father shall not discriminate in any way between sons and daughters or among sons or daughters on the basis of being a son or daughter in matters of upbringing, education and training, sports, medical treatment, recreation, facilities, or domestic chores. 128. Special care to be provided: (1) If a son or daughter is physically or mentally disabled or handicapped, or suffers from a life-threatening disease such as Human Immunodeficiency Virus (HIV) or Hepatitis B, the mother and father shall exercise special supervision over such son or daughter and provide them with special facilities and protection. Explanation: For the purposes of this Chapter, "physically or mentally disabled" means a person who is unable or incapable of performing daily routine by himself or herself due to physical or mental condition.

(2) For a

137. Other person to be deemed guardian: Notwithstanding anything contained in section 136, if an incompetent or semi-competent person has not been provided guardianship by the persons mentioned in that section but guardianship has been provided by another person, the person providing such guardianship shall be deemed to be the guardian of such person. Provided that the person becoming such guardian shall have the fact of being guardian certified by the court. 138. Institution to be deemed guardian: (1) In the case of children residing in institutions such as child welfare homes, orphanages, children's homes, or nursery schools registered pursuant to law for the purpose of welfare of children and protection of their rights and interests, if there is no other guardian, such institution itself shall be deemed to be the guardian.

(2) When any act or proceeding needs to be done on behalf of a minor residing in an institution pursuant to subsection (1), it shall be done by the head of such institution. Explanation: For the purposes of this Chapter and Chapter 7 of Part 3, "head" means the chief executive officer of such institution or the chairperson, general manager, managing director, or any other officer acting in that capacity. 139.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter and Chapter 7 of Part 3, "head" means the chief executive officer of such institution or the chairperson, general manager, managing director, or any other officer acting in that capacity. 139. Court may appoint guardian: (1) Notwithstanding anything contained in section 136 or 137, the court may, in the following circumstances, appoint a specific person as guardian, stating the reasons therefor:

(a) If a petition is filed in the court by the concerned ward committee of the concerned local level for appointment of a guardian in a situation where no person is willing to be the guardian pursuant to section 136,

(b) If a stakeholder files a petition in the court for appointment of a guardian.

(2) While appointing a guardian pursuant to subsection (1), the court shall consider whether the rights, interests, or protection of such incompetent or semi-competent person may or may not be ensured.

(3) While appointing a guardian pursuant to subsection (1), the court shall also obtain the consent of the person who is to be the guardian.

(4) After appointing a guardian pursuant to subsection (1), the court shall provide written information thereof to the person who is to be the guardian and the local level. 140. May appoint supervisor: (1) If a guardian is appointed by the court pursuant to section 139 and it is deemed necessary to inspect the acts and proceedings of such guardian, the court may appoint a person as supervisor.

(2) The supervisor appointed pursuant to subsection (1) shall make necessary inspection regarding the acts and proceedings of the guardian and submit a report thereof to the court.

(3) Upon termination of guardianship pursuant to section 148, the supervision shall also be deemed automatically terminated. 141. Persons incapable of being guardian: The following persons shall not be capable of being guardian: -

(a) An incompetent or semi-competent person,

(b) A person proved to have acted against the rights or interests of the incompetent or semi-competent person,

(c) A person sentenced to imprisonment for three years or more by a court:

Provided that this clause shall not be deemed to create any hindrance for a person who is in the priority order under subsection (1) of section 136 from being a guardian.

(d) A person found to be disqualified from being a guardian by a court. 142.
Muluki Civil Code, 2017

142. Maintenance and care of incompetent or semi-competent person: (1) The guardian shall make arrangements for the maintenance, health, education, recreation, and care of the incompetent or semi-competent person under his/her guardianship, from the property of such person if he/she has property, and from his/her own property if there is no such property.

(2) Arrangements for the maintenance, health, education, recreation, and care of the incompetent or semi-competent person pursuant to subsection (1) shall be made from the movable property of such person, to the extent of that property; and if there is no movable property or if arrangements for maintenance, health, education, recreation, and care cannot be made from such property, the immovable property of such person may be sold for that purpose with prior approval of the court. Provided that if the guardian is a person in the priority order under subsection (1) of section 136, no permission of the court shall be required for selling immovable property. 143. Duty to provide oversight, protection, and proper management of property: (1) The guardian shall provide oversight and protection of the property of the incompetent or semi-competent person under his/her guardianship.

(2) The guardian may invest the property of the incompetent or semi-competent person under his/her guardianship and carry out any business or transaction. 144. Duty to maintain accurate accounts: (1) The guardian shall maintain accurate accounts of the expenses incurred for the maintenance, health, education, and care of the incompetent or semi-competent person under his/her guardianship, and of the income and expenditure arising from the management of his/her property, as well as details proving ownership of the property. Provided that if the guardian is a person in the priority order under subsection (1) of section 136, such accounts need not be maintained.

(2) The guardian shall present the accounts maintained pursuant to subsection (1) and the details proving ownership of property to the person under guardianship within one year from the date on which such person attains the age required by law or informs the court in writing that he/she is capable of performing actions.

(3) If an incompetent or semi-competent person dies while under his/her guardianship, the guardian shall deliver the accounts and the details proving ownership of property as per subsection (1) to the nearest heir of such person within six months from the date of death. 145. May initiate legal proceedings or defend cases: The guardian may initiate legal proceedings against any person for the rights and interests of the incompetent or semi-competent person under his/her guardianship, or defend a case filed against such person.
Muluki Civil Code, 2017

145. May initiate legal proceedings or defend cases: The guardian may initiate legal proceedings against any person for the rights and interests of the incompetent or semi-competent person under his/her guardianship, or defend a case filed against such person. Provided that in relation to a case where the incompetent or semi-competent person is a plaintiff or defendant, the guardian shall not abandon any claim or contention in a case or compromise any case in a manner that causes detriment to him/her. Deleted by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. 146. May act on behalf of incompetent or semi-competent person: Subject to the provisions otherwise written in this Chapter, the guardian may, on behalf of the incompetent or semi-competent person, perform any act that such person may perform pursuant to law. 147. May act only according to conditions: Notwithstanding anything else written in this Chapter, if a person is appointed guardian subject to certain conditions in relation to an incompetent or semi-competent person, such guardian shall have the right to act only in accordance with the conditions. 148. Termination of guardianship: (1) Guardianship shall be deemed terminated in the following circumstances: -

(a) If a petition filed by the guardian stating that he/she cannot be a guardian is approved by the court,

(b) If the guardian or the incompetent or semi-competent person under guardianship dies,

(c) If the incompetent or semi-competent person becomes competent,

(d) If the court removes the guardian upon the request of the incompetent or semi-competent person under guardianship.

(2) If guardianship is terminated pursuant to subsection (1) and the guardian and the person under guardianship are alive, the former guardian shall be required to provide maintenance and care to the incompetent or semi-competent person who was under his/her guardianship until another guardian is appointed.

(3) If guardianship is terminated pursuant to subsection (1), any limitation period, time limit, or date fixed for any legal proceeding that the guardian was required to perform pursuant to this Chapter shall not be deemed to have lapsed from the date of such termination until another guardian is appointed. 149. Guardianship not to devolve to heir: Upon the death of a guardian and termination of guardianship pursuant to section 148, the rights, powers, and duties vested in him/her by virtue of being guardian shall not devolve to his/her heir. Provided that if it is necessary to appoint another guardian in relation to an incompetent or semi-competent person, the successor of the guardian shall be required to provide maintenance and care to such incompetent or semi-competent person until a guardian is appointed. 150.
Muluki Civil Code, 2017

Provided that if it is necessary to appoint another guardian in relation to an incompetent or semi-competent person, the successor of the guardian shall be required to provide maintenance and care to such incompetent or semi-competent person until a guardian is appointed. 150. May recover expenses: If a guardian has met the expenses for the maintenance, health, education, sports, recreation, and care of the incompetent or semi-competent person under his/her guardianship from his/her own property, he/she may recover the amount so spent from the property of the incompetent or semi-competent person under guardianship. Provided that if the guardian is a person in the priority order under subsection (1) of section 136, such expenses shall not be recoverable. 151. May recover amount of loss or damage: If a guardian, whether for gain or not, knowingly, fraudulently, deceitfully, or mala fide causes loss or damage to the property of the incompetent or semi-competent person under his/her guardianship, the incompetent or semi-competent person suffering loss thereby may recover the amount of loss or damage from such guardian. 152. Limitation period: A person aggrieved by any act or proceeding done pursuant to this Chapter may institute a lawsuit within six months from the date of knowledge of such act or proceeding. Chapter 7

Provisions Relating to Custodianship (Matwar)

153. Custodian of a minor: (1) If a minor has no guardian pursuant to Chapter 6 of this Part, any person may act as custodian of such minor for the purpose of providing maintenance, health, education, care, and protection of property until he/she attains the age of eighteen years.

(2) Notwithstanding anything written in subsection (1), any person may appoint a custodian for the maintenance, health, education, and care of his/her own minor child. 154. Custodian of a person not of sound mind: (1) If a person not of sound mind has no guardian pursuant to Chapter 6 of this Part, any other person may act as custodian for the maintenance, care, and protection of property of such person.

(2) If there is no custodian pursuant to subsection (1) or if the custodian is not identified, the person who is immediately having charge, supervision, or oversight of the person not of sound mind shall be the custodian of such person. 155. Mother may be custodian of a minor: Notwithstanding anything written in section 153, if the father of a minor dies, or is missing, not of sound mind, or abroad, and if the mother of the minor under ten years of age exists, she shall be the custodian of such minor, even if she has remarried. 156.
Muluki Civil Code, 2017

156. Organized institution as custodian: (1) If a person who has no guardian pursuant to Chapter 6 of this Part is under the oversight, protection, or charge of an organized institution, such organized institution shall be the custodian of such person.

(2) If an organized institution pursuant to subsection (1) is the custodian, the head of such organized institution shall exercise the powers of the custodian. 157. Court may appoint custodian: (1) If a person has no guardian pursuant to Chapter 6 of this Part, or if no person acts as his/her custodian, the concerned ward committee of the local level may file a petition in the court for the appointment of a custodian, providing details thereof.

(2) While filing a petition pursuant to subsection (1), the concerned ward committee of the local level shall also submit the names, surnames, addresses, and occupations of persons likely to be custodians, along with a document of consent from the person likely to be appointed as custodian to act as such.

(3) If a petition is filed pursuant to subsection (1), the court shall order the appointment of any one suitable person from among the persons whose names have been submitted pursuant to subsection (2) as custodian. 158. Qualification of custodian: A person other than one disqualified from being a guardian pursuant to section 141 may be a custodian. 159. Custodian to take charge of property: (1) The custodian shall take charge of the property of the person under his/her custodianship and manage and operate the same.

(2) The custodian shall, from the property taken into charge, make arrangements for maintenance, education, training, and medical treatment for the person under his/her custodianship, as far as possible according to the status of that person. 160. May use property: The custodian may spend the entire proceeds obtained from the property taken into charge for the maintenance, health, and, if the person is a minor, education and training of the person under custodianship. 161. May expend immovable property with court permission: (1) If, while providing maintenance, education, training, or medical treatment to any person under his/her custodianship, the movable property of that person is insufficient, the custodian may, for that purpose, file a petition in the court for permission to sell the immovable property or any part thereof, stating the reason therefor.

(2) Upon examining the petition filed pursuant to subsection (1), if the court finds the reason for selling such immovable property to be reasonable, it may permit the sale of the immovable property or any part thereof as it deems appropriate. 162.
Muluki Civil Code, 2017

162. Duty to oversee and protect property prudently and carefully: (1) The custodian shall oversee and protect the property of the person under his/her custodianship prudently and carefully.

(2) If the property of the person under custodianship suffers any loss or damage due to failure to oversee and protect the property pursuant to subsection (1), the concerned custodian shall be liable. Provided that if such property suffers loss or damage due to a disaster, he/she shall not be liable.

(3) If a complaint is lodged that the custodian has failed to oversee and protect the property pursuant to subsection (1), the court may remove the concerned person from custodianship. 163. Transfer of right automatically void: If the custodian sells the immovable property of the person under his/her custodianship in the name of himself/herself or any member of his/her family with the mala fide intention of extinguishing the right of such person, or if any transfer of right occurs in any manner in the name of such persons, such transfer of right shall be automatically void. 164. Custodianship automatically terminated: (1) Custodianship shall be deemed automatically terminated in the following circumstances: -

(a) If the person is a minor, upon attaining the age of eighteen years,

(b) If the person is not of sound mind, upon becoming of sound mind,

(c) If the mother, father, or both take the minor into their charge,

(d) If a guardian is appointed for the minor or the person not of sound mind,

(e) If the court removes the custodian pursuant to subsection (3) of section 162,

(f) If the custodian lacks or ceases to have the qualification under section 158,

(g) If the custodian or the person under custodianship dies.

(2) Upon termination of custodianship pursuant to subsection (1), the person who was custodian shall immediately return the property taken into charge in the capacity of custodian to the concerned person. 165. May entrust property: (1) Notwithstanding anything else written in this Chapter, if a person has to leave the area where he/she resides and go elsewhere, and consequently is unable to protect and manage his/her property, rights, or possession by himself/herself, he/she may appoint a custodian for that purpose and entrust his/her property to such person.

(2) If property is entrusted to a person pursuant to subsection (1), the person taking charge of such property shall protect and manage such property, and shall return such property to the person entrusting it upon his/her demand. 166. To be certified by court: A person becoming a custodian pursuant to sections 153, 154, and 165 shall have the fact of becoming custodian certified by the court. 167.
Muluki Civil Code, 2017

166. To be certified by court: A person becoming a custodian pursuant to sections 153, 154, and 165 shall have the fact of becoming custodian certified by the court. 167. Other provisions to apply: The provisions of sections 144, 145, 146, 147, 149, 150, and 151 shall apply mutatis mutandis to custodians and persons under custodianship. 168. Limitation period: A person aggrieved by any act or proceeding done pursuant to this Chapter may institute a lawsuit within six months from the date of knowledge of such act or proceeding. Chapter 8

Provisions Relating to Adopted Son or Adopted Daughter

169. Persons deemed adopted son or adopted daughter: A person who is accepted by another person as his/her son or daughter shall be deemed an adopted son or adopted daughter. 170. Adoption to be in the best interest of the child: While adopting a son or daughter pursuant to this Code, the adoption shall be made in a manner that ensures the best rights and interests of the child. 171. Person having sons or daughters not to adopt: (1) Pursuant to this Chapter, a person having a son shall not adopt a son, and a person having a daughter shall not adopt a daughter.

(2) Notwithstanding anything written in subsection (1), if a woman or man who has obtained judicial separation and lives separately does not live together with his/her son or daughter, such man or woman may adopt a son or daughter. Explanation: For the purposes of this Chapter and Chapter 9 of this Part, "judicial separation" means a situation where a person has taken a share pursuant to a court order, lives separately pursuant to law, or is deemed to have separated.

(3) Notwithstanding anything written in subsection (1) or (2), any person having a son or daughter may file a petition in the Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. concerned District Court for adopting a son or daughter, stating his/her financial capacity to make arrangements for the maintenance, health, education, and care of other children; and if upon examining such petition the court finds that the petitioner has such capacity, the court may permit the petitioner to adopt a son or daughter. 172.