chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 60, Sub-section (5): If a petition is filed for staying the bankruptcy proceedings pursuant to sub-section (4), the court shall make an order to stay as requested the bankruptcy proceedings for a period not exceeding the period set forth in clause (b) of sub-section (2) of Section 54. Section 60, Sub-section (6): If an order is made pursuant to sub-section (5), the bankruptcy proceedings in respect of the assets of such a person cannot be instituted until the expiry of that period. Section 61: Priority order of paying debt or liability Section 61, Sub-section (1): In carrying out or causing to be carried out the bankruptcy proceedings of the assets of a person pursuant to this Chapter, the debts to be paid or liabilities to be discharged by such a person shall be settled, on the basis of the following priority order, from the assets of such a person: Section 61, Sub-section (1), Clause (a): Costs incurred in the carrying out of the bankruptcy proceedings, Section 61, Sub-section (1), Clause (b): The liability of the secured creditor, who has provided debt against a pledge or mortgage, to the extent of such pledge or mortgage, Section 61, Sub-section (1), Clause (c): Tax, fine to be paid to the Government of Nepal, Province Government or Local Government or other government charges and dues, Section 61, Sub-section (1), Clause (d): Debts of the creditors other than those referred to in clause (b), Section 61, Sub-section (1), Clause (e): Claim of the claimants other than those referred to in clause (b), (c) or (d). Section 61, Sub-section (2): In paying or setting off debts or liabilities pursuant to sub-section (1), if there are more than one creditor or claimant of the same priority order, the debt or claim shall be paid or set off pro rata basis from the assets bankrupted in proportion to the debt or claim of each creditor or claimant. Section 61, Sub-section (3): In paying the debts of the secured creditors pursuant to clause (b) of sub-section (1), if, after recovery of his or her debts from the assets pledged or mortgaged to him or her, there remains any portion or sum of such pledge or mortgage, other creditors or claimants may make claim over such portion or sum. Provided that if the secured creditor's debts cannot be fully recovered from such assets, he or she cannot claim other property. National Civil Code 2074
National Civil Code 2074

Section 62: Debt of creditor who shows excess debt not to receive priority Section 62: Notwithstanding anything contained in sub-section (1) of Section 61, if it is held that, by a collusion between a person likely to become a bankrupt and any creditor, and being guided by a malafide motive to cause loss to another creditor or claimant, more debts or claims have been shown from any transaction which has never happened nor been carried on, the debt or liability of such a creditor shall be paid or set off only after the debt or liability of other creditor or claimant is satisfied. Section 63: Property to be set aside Section 63, Sub-section (1): Prior to effecting bankruptcy of the assets of a person pursuant to this Chapter, the following property shall be set aside and the bankruptcy proceedings shall be carried out from the remaining assets: Section 63, Sub-section (1), Clause (a): Any property that remains as the personal property of a person other than one who is likely to become a bankrupt, Section 63, Sub-section (1), Clause (b): Clothes up to three pairs and shoes up to three pairs being worn or to be worn by the person who is likely to become bankrupt and an undivided family member of that person, Section 63, Sub-section (1), Clause (c): One set of cooking and dining utensils, pots and cups, one set of bedding materials and reasonable number of furniture required for the undivided family member of the person likely to become a bankrupt, Section 63, Sub-section (1), Clause (d): Medicines and health-related equipment required to the person likely to become a bankrupt and the undivided family member of that person, Section 63, Sub-section (1), Clause (e): Books necessary to carry out study and teaching, Section 63, Sub-section (1), Clause (f): Food necessary for subsistence for a period not exceeding three months to the persons referred to in clause (b), Section 63, Sub-section (1), Clause (g): One set of tools or instruments related to the profession and employment of the persons referred to in clause (b). Section 63, Sub-section (2): Notwithstanding anything contained in clause (b), (c), Section 63, Sub-section (2), Clause (d): , (e), (f) or (g) of sub-section (1), the total value of the properties referred to in these clauses shall not exceed one hundred thousand rupees. Section 64: Assets not to be concealed Section 64, Sub-section (1): A person who files a petition pursuant to Section 55 for commencing the bankruptcy proceedings of his or her assets shall submit an exact inventory of his or her total assets. Section 64, Sub-section (2): In submitting an inventory pursuant to sub-section (1), if he or she hides or conceals such assets with mala fide intention of causing loss or damage to the creditor, a separate lawsuit may be instituted against him or her. National Civil Code 2074
National Civil Code 2074

Section 64, Sub-section (3): If assets are hidden or concealed pursuant to sub- section (1), and such assets are discovered before the completion of the bankruptcy proceedings, the proceedings referred to in sub- section (2) of Section 61 shall be carried out in respect of the creditor and the claimant having so discovered the assets and the other creditor and claimant as well. Section 64, Sub-section (4): If any creditor or claimant discovers any assets pursuant to sub-section (3) after the completion of the bankruptcy proceedings, ten percent amount of the assets so discovered shall be provided to the creditor or claimant who has so discovered the assets if such creditor or claimant has already satisfied the sum according to his or her claim at the time of bankruptcy proceedings, and if his or her claim has not been so satisfied, his or her sum shall be caused to be satisfied from such assets and the remaining assets shall be distributed pursuant to the said sub-section to the other creditors and claimants. Provided that if the creditor or claimant is the successor or relative of the bankrupt person, he or she shall not be entitled to such facility. Section 64, Sub-section (5): If the assets hidden or concealed pursuant to sub- section (2) remain after payment to the creditor or claimant pursuant to sub-section (4), such assets shall be returned to the concerned person. Section 65: Status of bankruptcy to be terminated Section 65, Sub-section (1): The status of a bankrupt person falling under bankruptcy shall remain for a period of twelve years from the date on which he or she became a bankrupt. Section 65, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a bankrupt person pays all liabilities payable to the creditors at the time of bankruptcy, he or she may file a petition in the court to terminate the status of bankruptcy along with the evidence thereof. Section 65, Sub-section (3): The court shall make an order to summon the presence of all creditors who were either partially paid or unpaid at the time of bankruptcy of such a person within a period of fifteen days, excluding the time required for journey, to have a hearing on the petition filed pursuant to sub-section (2). Section 65, Sub-section (4): If, in hearing the petition filed pursuant to sub-section Section 65, Sub-section (2): , it appears that the bankrupt person has satisfied all the debts and liabilities remained unpaid at the time of bankruptcy, the court may annul the order made at the time of his or her bankruptcy. Section 65, Sub-section (5): If an order is annulled pursuant to sub-section (4), the status of the bankrupt person shall be deemed have been terminated after one year from the date of the annulment of such an order. National Civil Code 2074
National Civil Code 2074

Section 66: Statute of limitation Section 66: A person aggrieved from any act done or action taken pursuant to this Chapter may make a lawsuit within the following period from the date of accrual of the cause of action for the commencement of the bankruptcy proceedings: Section 66, Clause (a): In matters under Section 54, within three years from the date of accrual of the cause of action, Section 66, Clause (b): In matters under Sections 62 and 64, within two years from the date of knowledge thereof, Section 66, Clause (c): In the matters other than those referred to in clauses (a) and (b), within six months from the date of commission of such an act or action. Section 67: Marriage deemed to be concluded Section 67: If a man and a woman accept each other as the husband and wife through any occasion, ceremony, formal or other act, a marriage shall be deemed to have been concluded. Section 68: Marriage to be inviolable social bond Section 68, Sub-section (1): Marriage shall be a permanent, inviolable and holy social and legal bond, which is based on free consent and established to start conjugal and family life between a man and a woman. Section 68, Sub-section (2): The marital bond referred to in sub-section (1) shall subsist until extinguished pursuant to Section 82. Section 69: Freedom of marriage Section 69, Sub-section (1): Every person shall, subject to law, have the freedom to conclude a marriage, establish a family and spend a conjugal life. Section 69, Sub-section (2): A marriage must be made, or caused to be made, public irrespective of the manner used to conclude it. Section 69, Sub-section (3): Every person's family life shall be inviolable. Section 70: Marriage may be concluded Section 70, Sub-section (1): Subject to this Chapter, a marriage may be concluded between a man and a woman on the following conditions: Section 70, Sub-section (1), Clause (a): If the man and the woman agree to accept each other as husband and wife, Section 70, Sub-section (1), Clause (b): If the man and the woman are not relatives, punishable by law on incest, Section 70, Sub-section (1), Clause (c): If matrimonial relationship of both the man and the woman does not exist, Section 70, Sub-section (1), Clause (d): If both have attained twenty years of age. Section 70, Sub-section (2): Notwithstanding anything contained in clause (b) of sub-section (1), nothing shall bar the conclusion, or causing the conclusion of, a marriage within the relationship that is allowed to marry in accordance with the practices prevailing in their ethnic community or clan. Section 71: Marriage not to be concluded Section 71, Sub-section (1): No one shall conclude, or cause to be concluded, marriage with a man or a woman, as the case may be, who is not in a condition where marriage can be concluded pursuant to Section 70. National Civil Code 2074
National Civil Code 2074

Section 71, Sub-section (2): No one shall conclude, or cause to be concluded, marriage with a man or a woman on any of the following conditions, by way of misrepresentation: Section 71, Sub-section (2), Clause (a): One who has contracted human immunodeficiency virus (HIV) or Hepatitis 'B' or similar other incurable severe disease, Section 71, Sub-section (2), Clause (b): One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability, Section 71, Sub-section (2), Clause (c): One who is dumb or has lost hearing capacity, being fully blind or is suffering from leprosy, Section 71, Sub-section (2), Clause (d): One who is of unsound mind, Section 71, Sub-section (2), Clause (e): One who is already a married, Section 71, Sub-section (2), Clause (f): One who is a pregnant, Section 71, Sub-section (2), Clause (g): One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same. Section 71, Sub-section (3): A person who is aggrieved from the conclusion of marriage by way of misrepresentation pursuant to sub-section (2) may get such a marriage voided and claim a reasonable compensation from the person who concludes, or causes to be concluded, marriage by misrepresentation. Section 72: Marriage to be void Section 72, Sub-section (1): A marriage concluded on any of the following conditions shall, ipso facto, be void: Section 72, Sub-section (1), Clause (a): A marriage concluded without consent of the man or the woman, Section 72, Sub-section (1), Clause (b): A marriage concluded between the relatives, punishable by law on incest. Section 72, Sub-section (1), Clause (c): Marriage against Section 70(1) (d). Section 72, Sub-section (1), Clause (d): Another marriage concluded by a man or woman whilst the current marital relationship is still prevalent except in the situation of being separated by taking partition according to law. Section 72, Sub-section (2): A marriage concluded pursuant to sub-section (1) shall be invalid ab initio. Section 72, Sub-section (3): Notwithstanding anything contained in clause (b) of sub-section (1), a marriage concluded pursuant to sub-section (2) of Section 70 shall not be void. Section 73: Voidable marriage Section 73, Sub-section (1): If a marriage is concluded in any of the following circumstances and any person who concludes such a marriage does not accept it, the person may get such a marriage voided: Section 73, Sub-section (1), Clause (a): Deleted Section 73, Sub-section (1), Clause (b): If the marriage has been concluded, or caused to be concluded, by way of misrepresentation pursuant to sub-section (2) of Section 71. Section 73, Sub-section (2): Notwithstanding anything contained in sub-section (1), a marriage shall be void only with the consent of the woman if she is pregnant or has delivered a baby as the consequence of the marriage. National Civil Code 2074
National Civil Code 2074

Section 74: Marriage to be deemed concluded if child is born from physical Section 74: intercourse: (1) Notwithstanding anything contained in sub-section Section 74, Sub-section (2): of Section 69, if a woman is proved to have delivered a child by conceiving pregnancy from physical intercourse with a man, marriage between such a man and a woman shall, ipso facto, be deemed to have been concluded. Section 74, Sub-section (2): Notwithstanding anything contained in sub-section (1), no marriage shall be deemed to have been concluded between a man and a woman in any of the following circumstances even if a child is born from physical intercourse with the man: Section 74, Sub-section (2), Clause (a): If a woman gives birth to a child by conceiving pregnancy as the consequence of rape, Section 74, Sub-section (2), Clause (b): Except in case of the relationship of under sub- section (2) of Section 70, if a woman delivers a child by conceiving pregnancy from a physical intercourse with a man within the relationship punishable by law on incest. Section 74, Sub-section (2), Clause (c): If the age of marriage is not complete according to part (d) of subsection 1 of section 70. Section 74, Sub-section (2), Clause (d): If there is situation which causes polygamy. Section 75: No lawful rights of child already born to be prejudiced Section 75: There shall be no prejudice in the lawful rights of a child already born from a marriage if the marriage becomes void pursuant to Section 72 or the marriage is got voided pursuant to Section 73 or of the child born in any of the circumstance referred to in sub-section (2) of Section 74. Section 76: Marriage to be registered Section 76, Sub-section (1): Both husband and wife shall get their marriage registered by filing an application in the authority appointed as per law. Provided that in the circumstance referred to in sub-section Section 76, Sub-section (1): of Section 74, both or either of husband and wife may file an application for the registration of marriage. Section 76, Sub-section (2): A husband and wife residing outside Nepal may file an application for the registration of marriage in the Nepali embassy or consulate general located in the country in which they have been residing. Section 76, Sub-section (3): If an application is filed pursuant to sub-section (1) or Section 76, Sub-section (2): for the registration of a marriage, the concerned authority shall, after registering the marriage in the marriage book maintained in the office, issue the marriage registration certificate, in the form according to prevailing laws, to the applicant, within fifteen days of the filing of the application. Explanation: For the purposes of this Chapter, the term "concerned authority" means the marriage registering authority. Section 76, Sub-section (4): If the marriage cannot be registered according to the application filed pursuant to sub-section (1) or (2), the concerned authority shall give the applicant information, specifying the reasons therefor, within seven days of the filing of the application. National Civil Code 2074
National Civil Code 2074

Section 76, Sub-section (5): If any one party does not appear for the registration of a marriage according to the application filed pursuant to the proviso to sub-section (1), the concerned authority shall register the marriage after inquiring into such a party. Section 76, Sub-section (6): If, in making inquiry pursuant to sub-section (5), the other party expresses disagreement to the registration of marriage, the concerned authority shall not register the marriage and inform the applicant that the decision on that matter shall be made as decided by the court. Section 76, Sub-section (7): The concerned authority shall safely maintain the records of the details of the registration of marriage under this Section. Section 76, Sub-section (8): If a couple who have already concluded marriage prior to the commencement of this Act but have not registered the marriage may, if they so desire, get their marriage registered pursuant to this Section. Provided that the marriage of such a couple shall not be deemed to be legally invalid merely for the reason that such marriage is not registered. Section 77: Marriage by registration Section 77, Sub-section (1): Notwithstanding anything contained in sub-section (2) of Section 69 and Section 74, if a man and a woman desire to conclude marriage by registration, they shall file an application in the concerned District Court, if they are in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal, specifying therein their name, surname, age, address, profession, name of their father, mother, grand-father, grand-mother, whether previously married or not, if married, the details of the dissolution of marriage and also the name of at least two witnesses. Section 77, Sub-section (2): In order to file an application pursuant to sub-section Section 77, Sub-section (1): , either the man or the woman or both must have resided since at least fifteen days ago in the concerned district if the application has to be filed in the District Court, and, if the application is to be filed in the embassy or consulate general, in the country in which such an embassy or a consulate general is situated. Section 78: Decision to be made as to whether marriage is capable of being Section 78: concluded: (1) If an application is filed pursuant to Section 77 for the conclusion of a marriage by registration, the concerned authority shall make, after making necessary inquiry, a decision within seven days of the filing of the application, as to whether or not the marriage is capable of being concluded. Section 78, Sub-section (2): Notwithstanding anything contained in sub-section (1), if the concerned authority based in a foreign country has suspicion about the proposed marriage, the authority shall submit the matter to the Government of Nepal and settle the matter according to the decision of the Government of Nepal. National Civil Code 2074
National Civil Code 2074

Section 79: Deed of consent to be prepared Section 79: If a decision is made pursuant to Section 78 to the effect that marriage is capable of being concluded between the applicants, the concerned authority shall prepare a deed of consent for marriage, also recording the matters specified in the application and a statement to the effect that the parties to the marriage have consented to accept each other as husband and wife, cause the contracting parties and witnesses present to affix their signature and thumb impression on the deed in his or her presence and also sign the deed. Section 80: Provisions relating to registration of marriage Section 80, Sub-section (1): After the deed of consent has been signed pursuant to Section 79, the concerned authority shall register such a marriage in the registration book, which has to be signed by such an authority and also by the parties to the marriage and witnesses present. Section 80, Sub-section (2): Once the marriage is registered pursuant to sub-section Section 80, Sub-section (1): , the concerned authority shall issue a marriage registration certificate, in the form according to prevailing laws, to the parties to the marriage registration. Section 80, Sub-section (3): Marriage shall be deemed to have been concluded between the applicants from the date on which the marriage registration certificate is obtained pursuant to sub-section (2). Section 81: Provision relating to use of surname by married woman Section 81, Sub-section (1): A married woman may, after marriage, use the surname used by her father or mother or the surname of her husband or both the surnames. Section 81, Sub-section (2): If a question arises as to the surname of a married woman, except as otherwise proved, she shall be deemed to have used the surname of her husband. Section 81, Sub-section (3): If the marriage of a woman who has used the surname of her husband is dissolved, she may, if she so desires, use the surname used by her father or mother. Section 82: Matrimonial relationship deemed to be terminated Section 82: In any of the following circumstances, the matrimonial relationship between the husband and the wife shall be deemed to have been terminated: Section 82, Clause (a): If marriage is annulled pursuant to Section 72 or 73, Section 82, Clause (b): If marriage is dissolved according to law between husband and wife, Section 82, Clause (c): If the wife concludes another marriage before effecting divorce pursuant to law. Section 83: Re-marriage may be concluded Section 83: Notwithstanding anything contained elsewhere in this Chapter, a man or a woman may re- marry in any of the following circumstances: Section 83, Clause (a): If the matrimonial relationship between husband and wife is terminated pursuant to Section 82, Section 83, Clause (b): If husband or wife dies, Section 83, Clause (c): If husband and wife are separated upon partition in accordance with law. National Civil Code 2074