chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 84: Statute of limitation Section 84: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within three months after the date on which such act was done or action taken. Section 85: To be considered husband and wife Section 85: After the conclusion of marriage between a man and a woman, they shall, so long as such matrimonial relationship subsists, be considered each other's husband and wife. Section 86: Relation and obligation of husband and wife Section 86, Sub-section (1): The husband and wife must have mutual love and good faith. Section 86, Sub-section (2): The husband and wife must establish and spend conjugal life by living together, except as otherwise arranged through mutual understanding. Section 86, Sub-section (3): The husband and wife must help, protect and respect each other. Section 87: Husband's home to be considered residence Section 87: Except where a separate residence is fixed by mutual understanding of the husband and wife, the husband's home shall be considered to be the wife’s residence. Section 88: To be considered each other's agent Section 88: Except as otherwise provided for in the law or except where there is a legal dispute between the husband and wife, the husband and wife shall be considered as each other's agent in the general household affairs. Section 89: To provide, or cause to be provided, maintenance in accordance Section 89: with reputation: The husband and wife shall provide, or cause to be provided, maintenance cost and health care to each other according to their reputation and capacity. Section 90: Household affairs to be managed by consent Section 90, Sub-section (1): The husband and wife of an undivided family shall manage the household affairs by mutual consent according to their property, income and capacity. Section 90, Sub-section (2): Except as otherwise provided in the law, the husband or wife shall obtain each other's consent in selling or otherwise transferring a property registered in his or her name. Section 91: Not to preclude from exercising profession, business or Section 91: occupation: The husband or wife or any member of the family shall not preclude each other from exercising a profession, business or occupation of their respective skill, qualification or ability. Section 92: Statute of limitation Section 92: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within three months after the date on which such an act was done or action was taken. Section 93: Divorce may be effected by consent of both Section 93: If both the husband and wife so desire, they may divorce the relationship of husband and wife at any time. National Civil Code 2074
National Civil Code 2074

Section 94: Husband may effect divorce Section 94: The husband may effect divorce in any of the following circumstances even without consent of the wife: Section 94, Clause (a): Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the wife has been living separately for three or more consecutive years, without consent of the husband, Section 94, Clause (b): If the wife deprives the husband of maintenance costs or expels him from the house, Section 94, Clause (c): If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband,inher Section 94, Clause (d): If the wife is proved to have made sexual relation with another person. Section 95: Wife may effect divorce Section 95: The wife may effect divorce in any of the following circumstances, even without consent of the husband: Section 95, Clause (a): Except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife, Section 95, Clause (b): If the husband deprives the wife of maintenance costs or expels her from home, Section 95, Clause (c): If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife, Section 95, Clause (d): If the husband concludes another marriage, Section 95, Clause (e): If the husband is proved to have made sexual intercourse with another woman, Section 95, Clause (f): If the husband is proved to have raped the wife. Section 96: Petition to be filed for divorce Section 96: The husband or wife, as the case may be, desiring to get the relationship divorced shall file a petition in the concerned district court. Section 97: Mediation to be made between husband and wife Section 97: If a petition is filed for divorce pursuant to Section 96, the court shall, to the extent possible, remind and convince both the parties and conciliate them. Section 98: Divorce to be effected Section 98: If the court fails to make conciliation between the husband and wife even after reminding and convincing them pursuant to Section 97 and deems appropriate to get the relationship divorced rather than to continue it any longer, the court shall effect divorce between them. Provided that if the husband and wife do not agree to conciliate between them despite being reminded and convinced by the court to that effect, the court shall effect divorce after one year of the filing of the petition. Section 99: Partition of property to be effected before divorce Section 99, Sub-section (1): If divorce is to be effected because of the husband, the concerned court shall, if the wife so demands, cause partition to be effected between the husband and wife before effecting divorce. National Civil Code 2074
National Civil Code 2074

Section 99, Sub-section (2): If a petition is filed by the wife for divorce on the ground referred to in clause (b), (c), (d), (e) or (f) of Section 95, divorce is deemed to be effected because of the husband, for the purposes of sub-section (1). Section 99, Sub-section (3): If a property in common is registered in the name of both husband and wife or either of them, then such property shall be partitioned between them according to law, prior to effecting divorce. Section 99, Sub-section (4): If the husband himself has not obtained partition from his father or other coparceners, the court shall, by causing both the parties to disclose the coparceners, and if there are other coparceners who are entitled to partition, by inquiring such coparceners as well, cause partition to be apportioned between the husband and wife. Section 99, Sub-section (5): If it appears that it may take a long time to effect partition pursuant to sub-section (1), (3) or (4), the court may effect divorce between the husband and wife and order the husband to provide the wife with monthly expenses as alimony according to the property and income of the husband until the partition is effected. Provided that if such a woman concludes another marriage before effecting partition, she shall not be entitled to a partition share. Section 99, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, if a petition is filed for divorce on the ground referred to in clause (b), (c) or (d) of Section 94, the husband shall not be compelled to provide partition share or alimony to the wife pursuant to this Chapter. Section 100: Order to pay lump sum amount or alimony Section 100: Notwithstanding anything contained in Section 99, if the wife who effects divorce desires to obtain from the husband a lump sum amount or annual or monthly alimony or expense, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annual or monthly alimony or expense on the basis of his property or income. Provided that if such a wife concludes another marriage, it is not required to provide such amount or alimony. Section 101: Order to provide maintenance costs Section 101: If the wife, who has not obtained partition from the husband for there being no property for partition under Section 99, desires to receive maintenance costs from the husband and the husband has income, the Court may order the husband to provide maintenance costs to the wife according to the income of the divorced husband. Provided that: Section 101, Sub-section (1): If such a wife concludes another marriage, it is not required to provide such costs, Section 101, Sub-section (2): If the income of the wife is higher than that of the husband, it is not required to provide such costs. National Civil Code 2074
National Civil Code 2074

Section 102: To be according to agreement Section 102: Notwithstanding anything contained elsewhere in this Chapter, if there exists a written agreement between the husband and wife on the partition share or alimony to which the wife is entitled upon divorce, it shall be according to such agreement. Provided that no agreement which is against the interest of a minor may be made. Section 103: Previous child or husband to obtain property Section 103: On the death of a divorcee woman, her son, daughter, if any, shall be entitled to her property, and if not, the previous husband shall obtain the property received by her from such a husband, and the successor on her mother's side shall obtain the other property. Section 104: Statute of limitation Section 104: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within three months after the date of accrual of the cause of action or knowledge of such an act or action. Daughter Section 105: Maternity or paternity to be determined from mother or father Section 105, Sub-section (1): If it is required to determine a person's maternity or paternity, it shall be determined on the basis of his or her mother or father, as the case may be. Section 105, Sub-section (2): In determining paternity pursuant to sub-section (1), the person who was the husband of his or her mother at the time of birth of such a person shall be presumed, unless otherwise proved, to be a father of such a person. Section 106: Child presumed to be born from married husband Section 106: Unless otherwise proved, a child born in any of the following circumstances shall be presumed to be born from the married husband: Section 106, Clause (a): Born after one hundred eighty days from the date on which the marriage was concluded, Section 106, Clause (b): Born within two hundred seventy-two days from the date on which the husband died or divorce was effected. Section 107: Paternity may be denied Section 107, Sub-section (1): Except as otherwise agreed upon between the husband and wife, the paternity of a child born to the wife before one hundred eighty days of the conclusion of marriage may be denied by the husband and by the successor to the husband where the husband had already died before the birth of such child. Section 107, Sub-section (2): Notwithstanding anything contained in sub-section (1), where a man concludes marriage with a woman with knowledge or having reasonable ground to know that she was pregnant before the marriage, the paternity of a child cannot be denied merely on the ground of his or her birth before that period. National Civil Code 2074
National Civil Code 2074

Section 108: Son, daughter or paternity to be claimed Section 108, Sub-section (1): If a child whose paternity or maternity is not determined has to be claimed as one's own son or daughter, such claim shall be made within a period of two years of the child being born or being identified. Section 108, Sub-section (2): In claiming the paternity of a child born without the paternity being identified, a claim shall be made within a period of two years of the birth of such child. Provided that no claim may be entertained if such child is already dead. Section 109: Paternity of child born from artificial insemination to be of Section 109: father: A child born from the use, with consent of the husband and wife, of artificial insemination system from semen of another person shall be considered to have been born from the married husband and his or her paternity shall be determined accordingly. Section 110: To be according to court's decision Section 110: If there arises a dispute as to the maternity or paternity of a person, its settlement shall be as decided by the Court. Section 111: To obtain name and surname Section 111, Sub-section (1): Each person shall, after birth, obtain the name as designated by his or her mother or father according to his or her religion, culture, usage or tradition. Section 111, Sub-section (2): If the mother or father of a person is not available for the time being or is not likely to be so available, the person shall obtain the name as designated by the guardian or curator taking care of (herchaha) him or her. Section 111, Sub-section (3): Each person shall, after birth, be entitled to use after his or her name the surname designated with the consent of his or her father and mother or failing such consent, the surname of his or her father. Provided that a person whose paternity is not traced out shall be entitled to use after his or her name the surname of his or her mother. Section 111, Sub-section (4): Notwithstanding anything contained in sub-section (3), a person may, if he or she so wishes, use the surname of his or her father or mother or of both. Section 111, Sub-section (5): If a dispute arises as to the surname of a person, he or she shall be considered, unless otherwise proved, to have used the surname of his or her father. Section 111, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, a person whose both father and mother are not traced out shall be entitled to use after his or her name the surname given by the guardian taking care of (herchaha) him or her. National Civil Code 2074
National Civil Code 2074

Section 112: Name of mother, father, grand-father and grand-mother may Section 112: be mentioned: (1) If the name of mother, father and grand-father, grand- mother is required by law to be mentioned in a formal act, legal act and proceeding or deed, any person shall be entitled to mention the name of his or her mother, father and grand-father, grand-mother. Section 112, Sub-section (2): If the father of a person who has to mention the name of his or her mother, father and grand-father, grand-mother pursuant to sub-section (1) is not traced out, the person may mention the name of his or her mother and the mother's grand-father, grand- mother, and even where the mother's name is not traced out, it shall be sufficient to mention, setting out that matter, the name of the guardian or curator if he or she is a minor, and only his or her name if he or she is a major. Section 113: Birth of son, daughter to be registered Section 113, Sub-section (1): If a son or daughter is born to a couple, the mother or father shall file an application, within three months of the birth of such a son or a daughter, before the authority specified according to law, for the birth registration. Section 113, Sub-section (2): If one intends to file an application for the registration of a son or a daughter after the expiry of the time-limit referred to in sub-section (1), such fee as specified according to prevailing laws shall be charged. Section 113, Sub-section (3): If an application is filed pursuant to sub-section (1) or Section 113, Sub-section (2): , the concerned authority shall, after entering the details in the birth register maintained in the office, issue a certificate of birth registration in the form as specified by the law to the applicant. Section 113, Sub-section (4): The details to be entered in the register under sub- section (3) shall include the concerned person's name, surname, date of birth (year, month, instant and day as well) and place of birth, and the name, surname and address of his or her mother, father and grand-mother and grand-father, as well. Section 113, Sub-section (5): The concerned authority shall forward the details entered, pursuant to sub-section (3), in the register maintained in the office up to the last day of every month to the District Administration Office, within a period of fifteen days of the first month thereafter and the said Office shall also enter such details up to the end of every month in the birth register maintained in the office for that purpose and forward the same in every three months to the Ministry specified by the Government of Nepal by a notification in the Nepal Gazette. Section 113, Sub-section (6): The concerned Ministry shall enter the details received pursuant to sub-section (5) in the birth register maintained for that purpose and maintain up-dated details each year. National Civil Code 2074
National Civil Code 2074

Section 114: Obligation to care (herchaha) and maintain(shyahar samhar) Section 114, Sub-section (1): The mother and father shall jointly care and maintain their every minor. Section 114, Sub-section (2): In caring and maintaining pursuant to sub-section (1), the father and mother shall provide for maintenance, health care, education, sports and entertainment and other necessary arrangements, according to their financial condition and capability. Section 115: To be under custody of mother or father Section 115, Sub-section (1): Notwithstanding anything contained in Section 114, if matrimonial relationship between a husband and wife is extinguished in accordance with law, a minor born from them shall remain in the custody of the mother or the father as provided herein below: Section 115, Sub-section (1), Clause (a): In the case of a minor who has not attained five years of age, under the custody of the mother, if she so desires irrespective of whether or not she has concluded another marriage, Section 115, Sub-section (1), Clause (b): In the case of a minor above five years of age, except where the mother has concluded another marriage, under the custody of the mother, if she so desires, Section 115, Sub-section (1), Clause (c): In the circumstance other than that referred to in clause (a) or (b), under the custody of the father. Section 115, Sub-section (2): Notwithstanding anything contained in sub-section (1), where the husband and wife have entered a separate agreement on the custody of a minor at the time of divorce or judicial separation, the agreement shall apply to the custody of the minor. Section 115, Sub-section (3): Notwithstanding anything contained in sub-section (1), while deciding as to which of the father and the mother has the custody of a minor above ten years of age, the opinion of the concerned minor may also be obtained. Section 115, Sub-section (4): Notwithstanding anything contained elsewhere in this Section, if the mother or father, under whose custody a minor is living, dies, the surviving father or mother shall take the minor under his or her custody without any delay. Provided that if the mother has already concluded another marriage, she is not obliged to take a minor above five years of age under her custody. National Civil Code 2074
National Civil Code 2074

Section 115, Sub-section (5): Notwithstanding anything contained elsewhere in this Section, if the husband and wife, who get separated in accordance with law, have a minor, the maintenance, education and heath care of such a minor shall be according to the agreement concluded, if any, between the husband and wife in that respect, and in the absence of such an agreement, it shall be as follows: Section 115, Sub-section (5), Clause (a): In the case of a minor below five years of age, the minor shall be under the mother's custody, Section 115, Sub-section (5), Clause (b): In the case of a minor who is of five years of age or above five but below ten years of age, the minor shall be under the father’s custody, Section 115, Sub-section (5), Clause (c): In case of a minor having attained ten years of age, the minor shall be under the mother’s or the father’s custody, with whom the minor desires to live. Section 116: Obligation to take necessary care (herchaha) and provide Section 116: maintenance (shyahar samhar): (1) The father or mother, as the case may be, who takes the custody of a minor pursuant to Section 115, shall take care of and maintain such minor, and, in so taking care of and maintaining the minor, the father or mother, as the case may be, shall do so in accordance with the provisions referred to in sub-section (2) of Section 114. Section 116, Sub-section (2): Notwithstanding anything contained in sub-section (1), if the income of the father or mother who does not take the custody of a minor is higher than that of the father or mother who takes the custody of the minor, such a mother or a father shall provide such a minor with such expenses, for the purpose of maintenance, education and treatment of the minor, as agreed upon between such father and mother and in the absence of such agreement, as specified by the court. Section 117: Facility of visit to be provided Section 117, Sub-section (1): In cases where matrimonial relationship is extinguished or the mother or father are living separately in accordance with law, the minor shall be allowed to visit, from time to time, the father if he or she is living under the mother’s custody and the mother if he or she is living under the father’s custody, or with the consent of the mother and father, to stay with either of them for some time. Provided that if it appears that the interest of the minor is likely to be prejudiced in availing the facility of such visit or stay, the concerned court may issue an order prohibiting such visit or stay. National Civil Code 2074