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In the context of Nepali law, the term “Waris” (वारिस) is commonly used to refer to a person who holds Power of Attorney (POA), particularly in legal proceedings. As per Section 144 ofthe National Civil procedure Code, 2017, a party involved in a legal case, whether as a plaintiff or defendant may appoint another individual, known as a Waris, to act on their behalf in the lawsuit. This legal...

Legal Divorce in Nepal When One or Both Spouses Are living in Abroad: A Nepali citizen residing abroad may initiate divorce proceedings in Nepal by executing a Special Power of Attorney (Adhikrit Wareshnama), duly attested and authenticated by the Nepali Embassy or Consulate in the country of residence, in accordance with the prevailing laws of Nepal. This article explains the full process...

If you got married in Nepal but later divorced in a country like the USA, Canada, Australia, or somewhere else abroad. Now you’re asking yourself will Nepal recognize that divorce? Can you get remarried or change your marital status here without any problems? Yes, Nepal does recognize foreign divorces. However, it’s not just a matter of showing your divorce documents from another country....

In Nepal the issue of child custody after divorce or separation is one of the most sensitive and contested aspects of family law in Nepal. While traditionally, custody has often been granted to mothers especially when children are below 16 years of age.  Nepal’s legal system has gradually evolved to ensure that fathers, too, have legitimate custodial rights. Child custody refers to the...

In Nepal, child custody after divorce is governed by the National Civil Code, 2017, particularly Part 3 Chapter-4, Provisions Relating to Relationship of Parents and Children. The legal system traditionally assumed that mothers are the primary caretakers of young children, especially after divorce. However, this presumption is not absolute and has evolved with changing societal dynamics,...

This article provides a detailed overview of the legal process for registering a court marriage in Nepal. Both Nepali citizens whether residing in Nepal or abroad as well as foreign nationals, are eligible to perform court marriage in Nepal. Under current Nepali law, a marriage registration certificate can be obtained in one of the following ways: a. By registering the marriage through...

In recent decades, Nepal has experienced a marked rise in the number of its citizens acquiring foreign citizenship or establishing permanent residence abroad. This trend is particularly evident in countries such as the United States, Canada, Australia, the United Kingdom, and Germany, which are consistently among the top destinations for Nepali immigrants. The motivating factors include...

Here are details answer to the most commonly asked question about the marriage registration process in Nepal. Is marriage registration mandatory in Nepal?In Nepal, marriage registration is not legally mandatory for a marriage to be considered valid. Traditional or religious ceremonies are recognized under the law if they meet the legal...

The amendment in the Banking Offences and Punishment Act, 2064 (2008 A.D.), introducing key changes to the legal framework surrounding cheque bounce cases, including procedures for investigation and the imposition of penalties.  With the new amendment, only the police are now authorized to investigate cheque bounce cases and initiate legal proceedings. Previously,...

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. Similarly, Marriage is 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. Every person has the freedom to conclude...