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Civil StatusVERIFIED NEPAL LEGAL TERM
Apatra (अपात्र)
English Equivalent:Ineligible
Definition Summary
"Lacking the legal qualifications to perform a specific action."
Detailed Explanation
Apatra describes a person who fails to meet the statutory criteria for a legal action, such as an underage person attempting to marry.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Section 70.
Practical Example
A person under the age of 20 is considered apatra for marriage registration under Nepali law.
Statutory Regulations and Civil Procedures in Nepal
Civil rights, statutory acts (Ain), administrative regulations (Niyamawali), and guidelines (Nirdeshika) form the regulatory framework of Nepal under the Muluki Civil Code 2074.
Key Statutory Rules:
- Rule of Law: All citizens, organizations, and public authorities are bound by the Constitution and statutory acts.
- Precedent Value: Judgments delivered by the Supreme Court of Nepal carry binding precedent values for all lower courts.
- Mediation First: Modern civil procedure encourages mediation at local levels (ward committees) to resolve small neighborhood disputes.
- Legal Representation: Litigants have the right to represent themselves or hire a licensed advocate (Kanuni Byabasayi).
Required Documentation:
- Citizenship certificate or official identification documents.
- Local ward recommendation letters related to the case.
- Prior court orders or registry copies if applicable.
- Written legal petitions prepared by an advocate.