yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 59: Transaction to be, ipso facto, stayed or void:
(1) If a court makes an order, pursuant to sub-section (1) of Section 58, to initiate the bankruptcy proceedings in relation to the assets of a person, any of the following acts cannot be carried out after the making of such an order, and if any of such acts has already commenced or is being carried out but not completed, such act shall, ipso facto, be stayed: (a) To transfer in any manner to any person the title to, bail, pledge, mortgage or to lease or rent in any manner for a period exceeding one year, the assets of a person who is likely to become bankrupt, (b) To attach, or execute the pledge, mortgage of, the assets of the person likely to become bankrupt pursuant to the judgment of a court, (c) To repay debt or discharge liability of any creditor from the assets of the person likely to be bankrupt.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 59: Transaction to be, ipso facto, stayed or void:
Subsection (2)
(1) If a court makes Any deed, contract, dealing, transaction or arrangement executed in contravention of the provision set forth in sub-section
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 59: Transaction to be, ipso facto, stayed or void:
Subsection (1)
(1) If a court makes shall, ipso facto be deemed to have been void.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
(1) If the court has made an order to commence the bankruptcy proceedings pursuant to sub-section (1) of Section 58, the Local Level, trustee or person, as the case may be entrusted with responsibility to manage property pursuant to sub-section (3) of the same Section shall, after the assets, debts and other liabilities of the borrower are ascertained, call a meeting of the debtors, creditors or other claimants.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
Subsection (2)
(1) If the In the meeting called pursuant to sub-section (1), the creditor or claimant shall be provided with a reasonable opportunity to waive his or her claim wholly or partly from all or any of the assets of the borrower or to reconcile sum by taking amount lesser than his or her claim, by mutual understanding between the person likely to become bankrupt and the creditor or other claimant.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
Subsection (3)
(1) If the In making reconciliation of sum pursuant to subsection (2), an arrangement may be so made that a creditor pays the debt or claim of some or most creditors and submits a lump sum claim against such a person.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
Subsection (4)
(1) If the If the parties reach mutual understanding pursuant to sub-section (2) or (3) or the concerned parties agree, for any reasons, to stay the bankruptcy proceedings for the time being, a joint petition may be filed in the court accordingly.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
Subsection (5)
(1) If the 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 60: Opportunity to be provided to reconcile sum of debts:
Subsection (6)
(1) If the 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 61: Priority order of paying debt or liability:
(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: (a) Costs incurred in the carrying out of the bankruptcy proceedings, (b) The liability of the secured creditor, who has provided debt against a pledge or mortgage, to the extent of such pledge or mortgage, (c) Tax, fine to be paid to the Government of Nepal, Province Government or Local Government or other government charges and dues, (d) Debts of the creditors other than those referred to in clause (b), (e) Claim of the claimants other than those referred to in clause (b), (c) or (d).
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 61: Priority order of paying debt or liability:
Subsection (2)
(1) In carrying out or 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 61: Priority order of paying debt or liability:
Subsection (3)
(1) In carrying out or 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 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 62: Debt of creditor who shows excess debt not to receive priority
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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 63: Property to be set aside:
(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: (a) Any property that remains as the personal property of a person other than one who is likely to become a bankrupt, (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, (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, (d) Medicines and health-related equipment required to the person likely to become a bankrupt and the undivided family member of that person, (e) Books necessary to carry out study and teaching, (f) Food necessary for subsistence for a period not exceeding three months to the persons referred to in clause (b), (g) One set of tools or instruments related to the profession and employment of the persons referred to in clause (b).
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 63: Property to be set aside:
Subsection (2)
(1) Prior to effecting bankruptcy of the Notwithstanding anything contained in clause (b), (c), (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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 64: Assets not to be concealed:
(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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 64: Assets not to be concealed:
Subsection (2)
(1) A person who files a petition 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 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 64: Assets not to be concealed:
Subsection (3)
(1) A person who files a petition If assets are hidden or concealed pursuant to subsection (1), and such assets are discovered before the completion of the bankruptcy proceedings, the proceedings referred to in subsection (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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 64: Assets not to be concealed:
Subsection (4)
(1) A person who files a petition 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 64: Assets not to be concealed:
Subsection (5)
(1) A person who files a petition If the assets hidden or concealed pursuant to subsection (2) remain after payment to the creditor or claimant pursuant to sub-section (4), such assets shall be returned to the concerned person.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
(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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
Subsection (2)
(1) The status of a 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
Subsection (3)
(1) The status of a 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).
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
Subsection (4)
(1) The status of a If, in hearing the petition filed pursuant to sub-section
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
Subsection (2)
(1) The status of a , 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.
National Civil Code 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 65: Status of bankruptcy to be terminated:
Subsection (5)
(1) The status of a 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 2017
Part-2
Chapter-3: Provisions Relating to Bankruptcy of Natural Persons
Section 66: Statute of limitation: 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: (a) In matters under Section 54, within three years from the date of accrual of the cause of action, (b) In matters under Sections 62 and 64, within two years from the date of knowledge thereof, (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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 67: Marriage deemed to be concluded: 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 68: Marriage to be inviolable social bond:
(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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 68: Marriage to be inviolable social bond:
Subsection (2)
(1) Marriage shall be a The marital bond referred to in sub-section (1) shall subsist until extinguished pursuant to Section 82.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 69: Freedom of marriage:
(1) Every person shall, subject to law, have the freedom to conclude a marriage, establish a family and spend a conjugal life.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 69: Freedom of marriage:
Subsection (2)
(1) Every person shall, subject to law, have A marriage must be made, or caused to be made, public irrespective of the manner used to conclude it.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 69: Freedom of marriage:
Subsection (3)
(1) Every person shall, subject to law, have Every person's family life shall be inviolable.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 70: Marriage may be concluded:
(1) Subject to this Chapter, a marriage may be concluded between a man and a woman on the following conditions: (a) If the man and the woman agree to accept each other as husband and wife, (b) If the man and the woman are not relatives, punishable by law on incest, (c) If matrimonial relationship of both the man and the woman does not exist, (d) If both have attained twenty years of age.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 70: Marriage may be concluded:
Subsection (2)
(1) Subject to this Chapter, a 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 71: Marriage not to be concluded:
(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 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 71: Marriage not to be concluded:
Subsection (2)
(1) No one shall conclude, or cause 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: (a) One who has contracted human immunodeficiency virus (HIV) or Hepatitis 'B' or similar other incurable severe disease, (b) One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability, (c) One who is dumb or has lost hearing capacity, being fully blind or is suffering from leprosy, (d) One who is of unsound mind, (e) One who is already a married, (f) One who is a pregnant, (g) One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 71: Marriage not to be concluded:
Subsection (3)
(1) No one shall conclude, or cause 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 72: Marriage to be void:
(1) A marriage concluded on any of the following conditions shall, ipso facto, be void: (a) A marriage concluded without consent of the man or the woman, (b) A marriage concluded between the relatives, punishable by law on incest. (c) Marriage against Section 70(1) (d). (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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 72: Marriage to be void:
Subsection (2)
(1) A marriage concluded on any of the A marriage concluded pursuant to sub-section (1) shall be invalid ab initio.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 72: Marriage to be void:
Subsection (3)
(1) A marriage concluded on any of the 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 73: Voidable marriage:
(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: (a) Deleted (b) If the marriage has been concluded, or caused to be concluded, by way of misrepresentation pursuant to sub-section (2) of Section 71.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 73: Voidable marriage:
Subsection (2)
(1) If a marriage is concluded in any of the 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 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 74: Marriage to be deemed concluded if child is born from physical
intercourse: (1) Notwithstanding anything contained in sub-section
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 74: Marriage to be deemed concluded if child is born from physical
Subsection (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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 74: Marriage to be deemed concluded if child is born from physical
Subsection (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: (a) If a woman gives birth to a child by conceiving pregnancy as the consequence of rape, (b) Except in case of the relationship of under subsection (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. (c)  If the age of marriage is not complete according to part (d) of subsection 1 of section 70. (d) If there is situation which causes polygamy.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 75: No lawful rights of child already born to be prejudiced: 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
(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
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (1)
(1) Both husband and wife shall get of Section 74, both or either of husband and wife may file an application for the registration of marriage.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (2)
(1) Both husband and wife shall get 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (3)
(1) Both husband and wife shall get If an application is filed pursuant to sub-section (1) or
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (2)
(1) Both husband and wife shall get 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (4)
(1) Both husband and wife shall get 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 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (5)
(1) Both husband and wife shall get 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (6)
(1) Both husband and wife shall get 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (7)
(1) Both husband and wife shall get The concerned authority shall safely maintain the records of the details of the registration of marriage under this Section.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 76: Marriage to be registered:
Subsection (8)
(1) Both husband and wife shall get 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 77: Marriage by registration:
(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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 77: Marriage by registration:
Subsection (2)
(1) Notwithstanding anything contained In order to file an application pursuant to sub-section
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 77: Marriage by registration:
Subsection (1)
(1) Notwithstanding anything contained , 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 78: Decision to be made as to whether marriage is capable of being
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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 78: Decision to be made as to whether marriage is capable of being
Subsection (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 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 79: Deed of consent to be prepared: 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 80: Provisions relating to registration of marriage:
(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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 80: Provisions relating to registration of marriage:
Subsection (2)
(1) After the Once the marriage is registered pursuant to sub-section
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 80: Provisions relating to registration of marriage:
Subsection (1)
(1) After the , the concerned authority shall issue a marriage registration certificate, in the form according to prevailing laws, to the parties to the marriage registration.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 80: Provisions relating to registration of marriage:
Subsection (3)
(1) After the 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).
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 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 the surnames.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 81: Provision relating to use of surname by married woman:
Subsection (2)
(1) A 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 81: Provision relating to use of surname by married woman:
Subsection (3)
(1) A 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.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 82: Matrimonial relationship deemed to be terminated: In any of the
following circumstances, the matrimonial relationship between the husband and the wife shall be deemed to have been terminated: (a) If marriage is annulled pursuant to Section 72 or 73, (b) If marriage is dissolved according to law between husband and wife, (c) If the wife concludes another marriage before effecting divorce pursuant to law.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 83: Re-marriage may be concluded: Notwithstanding anything
contained elsewhere in this Chapter, a man or a woman may remarry in any of the following circumstances: (a) If the matrimonial relationship between husband and wife is terminated pursuant to Section 82, (b) If husband or wife dies, (c) If husband and wife are separated upon partition in accordance with law.
National Civil Code 2017
Part-3
Chapter-1: Provisions Relating to Marriage
Section 84: Statute of limitation: 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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 85: To be considered husband and wife: 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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 86: Relation and obligation of husband and wife:
(1) The husband and wife must have mutual love and good faith.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 86: Relation and obligation of husband and wife:
Subsection (2)
(1) The husband The husband and wife must establish and spend conjugal life by living together, except as otherwise arranged through mutual understanding.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 86: Relation and obligation of husband and wife:
Subsection (3)
(1) The husband The husband and wife must help, protect and respect each other.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 87: Husband's home to be considered residence: 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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 88: To be considered each other's agent: 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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 89: To provide, or cause to be provided, maintenance in accordance
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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 90: Household affairs to be managed by consent:
(1) The husband and wife of an undivided family shall manage the household affairs by mutual consent according to their property, income and capacity.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 90: Household affairs to be managed by consent:
Subsection (2)
(1) The husband 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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 91: Not to preclude from exercising profession, business or
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.
National Civil Code 2017
Part-3
Chapter-2: Provisions Relating to Consequences of Marriage
Section 92: Statute of limitation: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 93: Divorce may be effected by consent of both: If both the husband
and wife so desire, they may divorce the relationship of husband and wife at any time.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 94: Husband may effect divorce: The husband may effect divorce in
any of the following circumstances even without consent of the wife: (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, (b) If the wife deprives the husband of maintenance costs or expels him from the house, (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 (d) If the wife is proved to have made sexual relation with another person.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 95: Wife may effect divorce: The wife may effect divorce in any of the
following circumstances, even without consent of the husband: (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, (b) If the husband deprives the wife of maintenance costs or expels her from home, (c) If the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife, (d) If the husband concludes another marriage, (e) If the husband is proved to have made sexual intercourse with another woman, (f) If the husband is proved to have raped the wife.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 96: Petition to be filed for divorce: The husband or wife, as the case
may be, desiring to get the relationship divorced shall file a petition in the concerned district court.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 97: Mediation to be made between husband and wife: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 98: Divorce to be effected: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
(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 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
Subsection (2)
(1) If divorce 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).
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
Subsection (3)
(1) If divorce 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
Subsection (4)
(1) If divorce 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
Subsection (5)
(1) If divorce 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 99: Partition of property to be effected before divorce:
Subsection (6)
(1) If divorce 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 100: Order to pay lump sum amount or alimony: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 101: Order to provide maintenance costs: 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:
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 101: Order to provide maintenance costs: If the wife, who has not
Subsection (1)
If such a wife concludes another marriage, it is not required to provide such costs,
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 101: Order to provide maintenance costs: If the wife, who has not
Subsection (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 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 102: To be according to agreement: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 103: Previous child or husband to obtain property: 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.
National Civil Code 2017
Part-3
Chapter-3: Provisions Relating to Divorce
Section 104: Statute of limitation: 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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 105: Maternity or paternity to be determined from mother or father
Subsection (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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 105: Maternity or paternity to be determined from mother or father
Subsection (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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 106: Child presumed to be born from married husband: Unless
otherwise proved, a child born in any of the following circumstances shall be presumed to be born from the married husband: (a) Born after one hundred eighty days from the date on which the marriage was concluded, (b) Born within two hundred seventy-two days from the date on which the husband died or divorce was effected.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 107: Paternity may be denied:
(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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 107: Paternity may be denied:
Subsection (2)
(1) Except as otherwise agreed upon 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 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 108: Son, daughter or paternity to be claimed:
(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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 108: Son, daughter or paternity to be claimed:
Subsection (2)
(1) If a child whose 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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 109: Paternity of child born from artificial insemination to be of
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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 110: To be according to court's decision: If there arises a dispute as to
the maternity or paternity of a person, its settlement shall be as decided by the Court.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
(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.
National Civil Code 2017
Part-3
Chapter-4: Provisions Relating to Relationship of Mother, Father and Son and
Section 111: To obtain name and surname:
Subsection (2)
(1) Each person shall, after birth, 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.