chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 117, Sub-section (2): The frequency of visit to, or the period of stay with, the father or the mother, as the case may be, pursuant to sub-section (1), shall be as fixed by the concerned mother and father and, in the absence of such fixation, shall be as ordered by the concerned court. Section 117, Sub-section (3): If a minor is living with his father or mother pursuant to this Section, the father or mother taking the custody of the minor shall take care of and maintain him or her in accordance with sub- section (2) of Section 114. Section 118: Rights of son, daughter remain to exist Section 118, Sub-section (1): Notwithstanding the matrimonial relationship between the husband and wife is extinguished pursuant to this Chapter, the legal rights of the son, daughter born from them vis-à-vis the father, mother and the obligation of the father, mother vis-à-vis him or her shall remain in existence. Section 118, Sub-section (2): In spite of the father and mother of a person being incapable of becoming husband and wife in accordance with this Act, the legal rights of the son, daughter born from them vis-à-vis the father, mother and the obligation of the father, mother vis-à-vis him or her shall remain in existence. Section 119: Prohibition on living separately without consent Section 119, Sub-section (1): A son, daughter shall not, without consent of his or her father or mother, live separately from his or her father or mother. Section 119, Sub-section (2): Notwithstanding anything contained in sub-section (1), a son, daughter may live separately from his or her father, mother in the following circumstance: Section 119, Sub-section (2), Clause (a): If he or she is separated from his or her father, mother, with or without obtaining partition according to law, Section 119, Sub-section (2), Clause (b): If he or she concludes marriage, Section 119, Sub-section (2), Clause (c): If he or she attains at least twenty one years of age, or Section 119, Sub-section (2), Clause (d): If he or she is already employed. Section 120: Minor not to work as labor Section 120: A minor who is allowed to be engaged in a work as a labor according to law cannot work as a labor without consent of the mother, father, other guardian or curator. Section 121: Decision of father, mother taking custody of minor to prevail Section 121: If there arises a dispute between the father and mother, who cannot conclude marriage between them or whose matrimonial relationship is extinguished pursuant to this Act, on any matter to be decided in respect of the right and interest of a minor born from such father and mother, the decision made by the father or mother, as the case may be, with whom such a minor is living shall prevail. Section 122: Son or daughter to honor, respect and care (herchaha) mother, Section 122: father: (1) Every son or daughter shall treat his or her mother, father with honor and respect. National Civil Code 2074
National Civil Code 2074

Section 122, Sub-section (2): Every son or daughter shall, according to his or her financial and social status, provide necessary care, maintenance, medical treatment or attention to his or her mother, father, notwithstanding living in an undivided family or separately in accordance with law. Section 123: Statute of limitation Section 123: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within the specific statute of limitation, if any, provided in this Chapter for making such lawsuit, and within six months after the date on which such an act was done or action taken, in the other circumstances. Section 124: To be under supervision and control of father and mother Section 124, Sub-section (1):  A minor son, daughter shall live under the supervision, oversight, control or authority of their father and mother. Section 124, Sub-section (2): A minor living under sub-section (1) shall obey lawful order or direction given by his or her father, mother. Section 125: Parental authority to be exercised jointly Section 125, Sub-section (1): The mother and father shall, jointly and with their mutual consent, exercise such authority over, fulfill such responsibility and duty towards, their son and daughter as required to be exercised and fulfilled under this Chapter. Section 125, Sub-section (2): Notwithstanding anything contained in sub-section (1), the following mother or father, as the case may be, shall, in the following circumstance, exercise such authority and fulfill such responsibility and duty as to be exercised and fulfilled pursuant to the said sub-section: Section 125, Sub-section (2), Clause (a): If either of the father and mother dies, the surviving mother or father, Section 125, Sub-section (2), Clause (b): If either of the mother and father is of unsound mind, the mother or father of sound mind, during the period of existence of such state of mind, Section 125, Sub-section (2), Clause (c): If the matrimonial relationship between the mother and father is dissolved or they have been living separate according to law, the mother or father who has taken the custody of the minor, Section 125, Sub-section (2), Clause (d): If the father of a minor is not traced out, the mother. National Civil Code 2074
National Civil Code 2074

Section 126: Rights, responsibilities and duties of person exercising maternal Section 126: and parental authority: The rights, responsibilities and duties of the father or mother who is entitled to exercise the parental authority pursuant to this Chapter shall be as follows: Section 126, Clause (a): To keep the minor with him or her, provide company to the minor and watch the minor's works, actions and behaviors, Section 126, Clause (b): To provide food and clothes and to teach him or her to eat, wear and labor, Section 126, Clause (c): To provide affection, fondness and love, Section 126, Clause (d): To inculcate in him or her social dignity, decency, morals, rites, culture, customs and to educate him or her to behave accordingly; Section 126, Clause (e): To provide moral education based on social values such as honesty, self-confidence, self-reliance, integrity, labor and discipline, Section 126, Clause (f): To vigil physical and mental health, to provide and cause to be provided medical treatment, Section 126, Clause (g): To provide opportunity, according to necessity, for sports and entertainment, Section 126, Clause (h): To make available read-worthy and message- oriented educational materials, Section 126, Clause (i): To guide to remain loyal to the family, society, community, nation and state, Section 126, Clause (j): To prevent from bad habits, bad association and obscene matter, Section 126, Clause (k): To teach to obey order, honor and revere, Section 126, Clause (l): To do, or cause to be done, such other act whatsoever as may be required for the development of physical, mental and intellectual personality. Section 127: Prohibition on discrimination Section 127: The mother or father shall not make discrimination between their children, in any manner, in the maintenance, education and upbringing, sports, medical treatment, entertainment, facility or household work of their children on the ground of son or daughter or between sons or between daughters. Section 128: Special care (herchaha) to be taken Section 128, Sub-section (1): If any son or daughter is physically or mentally handicapped or disabled or has contracted a deadly disease such as human immune-deficiency virus (HIV) or Hepatitis B, the mother, father shall take special care of, and provide special treatment and protection to, such a son or a daughter. Explanation: For the purposes of this Chapter, the term "physically or mentally handicapped" means a physically or mentally impaired person who himself or herself is unable or incompetent to carry out daily work. Section 128, Sub-section (2): In order to make the son or daughter as referred to in sub-section (1) financially self-reliant in the future by having arrangements for providing special medical treatment, the mother and father shall make, according to their financial condition and capacity, arrangements for imparting special education or training to such son or daughter. National Civil Code 2074
National Civil Code 2074

Section 129: Power to cause minor to improve conduct and habit Section 129: If the mother or father consider it necessary to make the minor, who is under their supervision, oversight, control or authority pursuant to this Chapter, improve his or her behavior, habit, conduct and character, they may do such acts as they think appropriate vis-à-vis such a minor and make him or her improve his or her behavior, habit or conduct. Provided that the minor shall not be subjected to any treatment that entails physical or mental pain. Section 130: Authority deemed to be provided to exercise right Section 130: If the mother and father appoint a teacher for the education and upbringing of their son or daughter or admits the child into an educational institute for any kind of education, the teacher so appointed or the headmaster or teacher of such an institute shall be deemed to have been given the authority to exercise the rights as referred to in Section 129 in respect of education and upbringing. Section 131: Guardian or curator may also exercise parental authority Section 131: If a minor is living with the guardian or curator for the reason that both of his or her mother and father have died or disappeared or his or her mother has concluded another marriage following the death of his or her father or both of his or her mother and father have become of unsound mind, his or her guardian or curator, as the case may be, may exercise such paternal authority and fulfill such responsibilities and duties as required to be exercised and fulfilled by the mother and father under this Chapter. National Civil Code 2074
National Civil Code 2074

Section 132: Power to restrict parental authority Section 132, Sub-section (1): If a complaint is filed by a person or a child welfare organization incorporated pursuant to law specifying that a person who is entitled to exercise the paternal authority pursuant to this Chapter has committed any of the following acts against a minor and, if the allegation is proved from an inquiry into the matter, the court may prevent such a person from exercising such authority: Section 132, Sub-section (1), Clause (a): Subjecting a minor to cruel, inhumane or torturous punishment or treatment, Section 132, Sub-section (1), Clause (b): Neglecting, disregarding or abusing the minor from time to time, Section 132, Sub-section (1), Clause (c): Engaging a minor in an immoral or sexual profession, Section 132, Sub-section (1), Clause (d): Employing a minor in a work likely to endanger the body, life or health, Section 132, Sub-section (1), Clause (e): Causing loss and damage to a minor’s property by spending it against his or her interest or selling such property to others with the intention of taking it subsequently, Section 132, Sub-section (1), Clause (f): Compelling a minor to abandon family life by making him or her a Sanyasi, fakir, monk, nun, Paschar or in similar other way, Section 132, Sub-section (1), Clause (g): Engaging a minor in begging, except while observing a religious or cultural rite, Section 132, Sub-section (1), Clause (h): Causing a minor to do any other act constituting an offense under law. Section 132, Sub-section (2): If a restriction is imposed pursuant to sub-section (1), the court shall appoint a guardian according to law, authorizing him or her to exercise the parental authority in respect of such a minor. Section 132, Sub-section (3): If the guardian is appointed to exercise the parental authority pursuant to sub-section (2), such a guardian may exercise the parental authority under this Chapter in consonance with the interests of the minor. Section 132, Sub-section (4): If the person, who is prevented from exercising the parental authority pursuant to sub-section (1), makes a petition in the Court, making an undertaking not to repeat the act referred to in the said sub-section, the court may lift the restriction imposed on him or her and revoke the appointment as referred to in sub-section Section 132, Sub-section (2): . Section 133: Termination of parental authority Section 133, Sub-section (1): The parental authority which the mother and father are entitled to exercise over their son or daughter child pursuant to this Chapter shall be deemed to have been terminated in any of the following circumstances: Section 133, Sub-section (1), Clause (a): If the son or daughter attains eighteen years of age, Section 133, Sub-section (1), Clause (b): If the son or daughter lives separately after getting an employment. Provided that where any son or daughter is physically or mentally handicapped, the parental authority over him or her shall, except in cases where he or she lives separately by concluding marriage, not be terminated. National Civil Code 2074
National Civil Code 2074

Section 134: Statute of limitation Section 134: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. Section 135: To be considered guardian Section 135: A person who is appointed or liable under this Chapter to protect the person, protection of rights and interest of an incompetent or quasi-competent person shall be considered to be a guardian. Section 136: Priority order of guardian Section 136, Sub-section (1): Subject to the other Sections of this Chapter, a person in the following priority order shall, ipso facto, be a guardian of an incompetent or quasi-competent person: Section 136, Sub-section (1), Clause (a): Husband or wife living in a joint family, Section 136, Sub-section (1), Clause (b): Father or mother, Section 136, Sub-section (1), Clause (c): Son, daughter or widow daughter-in-law living in a joint family, Section 136, Sub-section (1), Clause (d): Separated husband or wife, Section 136, Sub-section (1), Clause (e): Separated son, daughter or widow daughter-in-law, Section 136, Sub-section (1), Clause (f): Grand-father or grand-mother, Section 136, Sub-section (1), Clause (g): Grand-son or grand-daughter, Section 136, Sub-section (1), Clause (h): Elder or younger brother or elder or younger sister, Section 136, Sub-section (1), Clause (i): Grand-father, grand-mother on the mother's parent side, maternal uncle, maternal aunty. Section 136, Sub-section (2): Notwithstanding anything contained in sub-section (1), the following person shall be a guardian in the following circumstances: Section 136, Sub-section (2), Clause (a): Where there are more than one person in one priority order eligible to be a guardian, the person mutually agreed upon by them, and in the absence of such agreement, the person as designated by the court, Section 136, Sub-section (2), Clause (b): In the case of a person of sound mind and having attained ten years of age, a person chosen by him or her, Provided that in so choosing the guardian, a deed shall be executed to that effect and certified by the court. Section 136, Sub-section (2), Clause (c): In the case of a minor of a couple whose matrimonial relationship has been extinguished in accordance with law, the father or mother who maintains him or her, Section 136, Sub-section (2), Clause (d): If any person who is in the first priority order declines to be a guardian, becomes of unsound mind or does not act in the capacity of a guardian, the person who is in the next priority order. Provided that if a person in the next order is to so become a guardian, the person shall get it certified by the court that he or she is the guardian. National Civil Code 2074
National Civil Code 2074

Section 137: Other person considered to be guardian Section 137: Notwithstanding anything contained in Section 136, if guardianship to an incompetent or quasi-competent person is provided by a person other than the one referred to in that Section, the person so providing guardianship shall be considered to be a guardian of such a person. Provided that the person who so becomes a guardian shall get it certified by the court that he or she is the guardian. Section 138: Organization considered to be guardian Section 138, Sub-section (1): If a child, who is living in an organization, such as a child welfare house, orphanage, child home or children's organization, registered pursuant to law with the object to have welfare of and protect rights and interests of children, has no other guardian, such an organization shall be considered to be his or her guardian. Section 138, Sub-section (2): In doing any act or taking any action on behalf of a minor living in an organization referred to in sub-section (1), the chief of such an organization shall do such an act or take such an action. Explanation: For the purposes of this Chapter and Chapter-7 of Part-3, the term "chief" means the chief executive officer of that organization or the chairperson, general manager, managing director or other officer acting in that capacity. Section 139: Guardian may be appointed by court Section 139, Sub-section (1): Notwithstanding anything contained in Section 136 or 137, the court may, in the following circumstances, appoint a particular person as the guardian, specifying the reason therefor: Section 139, Sub-section (1), Clause (a): If the concerned ward committee of the concerned Local Level files a petition in the court for the appointment of guardian in cases where any person declines to be a guardian pursuant to Section 136, Section 139, Sub-section (1), Clause (b): If the stakeholder files a petition in the court for the appointment of guardian. Section 139, Sub-section (2): In appointing a guardian pursuant to sub-section (1), the court shall consider whether or not the rights, interests or protection of such incompetent or quasi-competent person may be secured. Section 139, Sub-section (3): In appointing a guardian pursuant to sub-section (1), the court shall also obtain the consent of the person to be appointed as the guardian. Section 139, Sub-section (4): After appointing a guardian pursuant to sub-section (1), the court shall give a written notice thereof to the person to be guardian and the Local Level. Section 140: Supervisor may be designated Section 140, Sub-section (1): If a guardian is appointed by the court pursuant to Section 139, the court may, if it considers necessary to inquire into the acts and actions of such a guardian, designate any person as the supervisor. Section 140, Sub-section (2): The supervisor designated pursuant to sub-section (1) shall make necessary inquiry into the acts and actions of the guardian and submit a report thereof to the court. National Civil Code 2074
National Civil Code 2074

Section 140, Sub-section (3): If the guardianship is terminated pursuant to Section 148, the state of supervision shall also be, ipso facto deemed to be, terminated. Section 141: Disqualifications for guardian Section 141: None of the following persons may become a guardian: Section 141, Clause (a): An incompetent or quasi-competent person, Section 141, Clause (b): A person proved to have done an act against the rights and interests of an incompetent or quasi- competent person, Section 141, Clause (c): A person sentenced by a court to imprisonment for a term of three years or more. Provided that this clause shall not be deemed to prevent a person who is in the priority order under sub-section (1) of Section 136 from being a guardian. Section 141, Clause (d): A person deemed disqualified to be a guardian by a count. Section 142: Maintenance (palan poshan) and care of (herbichar) Section 142: incompetent or quasi-competent person: (1) The guardian shall make arrangements for the maintenance, health, education, entertainment and care of an incompetent or quasi-competent person under his or her guardianship from the property belonging to such a person, if any, and if such property is not available, from the property belonging to the guardian himself or herself. Section 142, Sub-section (2): The arrangements for the maintenance, health, education, entertainment and care of an incompetent or quasi- competent person, pursuant to sub-section (1), shall be made from the movable property belonging to such a person, if any, and where there is no such movable property or where arrangements for the maintenance, health, education, entertainment and care cannot be made from that property, his or her immovable property may be sold for that purpose with the prior permission of the court. Provided that it is not required to obtain permission of the court to sell the immovable property where a person in the priority order under sub-section (1) of Section 136 is the guardian. Section 143: Property to be supervised, protected and managed properly Section 143, Sub-section (1):  The guardian shall supervise and protect the property belonging to the incompetent or quasi-competent person under his or her guardianship. Section 143, Sub-section (2): The guardian may carry on any business or transaction by investing the property belonging to the person under his or her guardianship. Section 144: To maintain books and accounts accurately Section 144, Sub-section (1): The guardian shall maintain accurately the books and accounts of expenditures incurred in the maintenance(palan poshan), health, education and care of (herbichar) the incompetent or quasi-competent person under his or her guardianship, and of the incomes and expenditures made in the course of the management of the property belonging to that person and the inventory proving the ownership of such property. Provided that it is not required to maintain such books and accounts where a person in the priority order referred to in sub- section (1) of Section 136 is a guardian. National Civil Code 2074