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Family LawVERIFIED NEPAL LEGAL TERM
Baahiri Sambandha (बाहिरी सम्बन्ध)
English Equivalent:Adultery
Definition Summary
"An extramarital relationship, which is a ground for divorce."
Detailed Explanation
Baahiri Sambandha refers to sexual relations by a married person with someone other than their spouse. It is a statutory ground for divorce.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Section 94 and Section 95.
Practical Example
A husband files for divorce on the ground that his wife has a proven baahiri sambandha with another man.
Family Law, Child Support, and Custody Regulations in Nepal
Family disputes, divorce (Sambandhabichhed), child custody, and child support (Manachamal) are governed by Chapter 3 of the Muluki Civil Code 2074 and the Children Act 2075.
Key Statutory Rules:
- Custody Priority: For children under 5 years of age, primary custody is awarded to the mother, provided she can care for the child. For children between 5 and 10, custody goes to the mother if she has not remarried.
- Child Choice: Children who are 10 years of age or older have the right to choose which parent they wish to live with during court proceedings.
- Maintenance Obligation: Both parents are legally obligated to provide education, healthcare, and maintenance according to their financial status.
- Visitation Rights: The non-custodial parent is entitled to reasonable visitation rights as determined by the court to maintain a healthy relationship.
Required Documentation:
- Marriage registration certificate (Bibaah Darta).
- Birth certificates of the children (Balbalika Janma Darta).
- Income certificates and property deeds of both parents to calculate support.
- Ward recommendation letters regarding the family status.