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Civil LawVERIFIED NEPAL LEGAL TERM
Shanti Suraksha (शान्ति सुरक्षा)
English Equivalent:Protection Order
Definition Summary
"A court order issued to guarantee safety in domestic violence cases."
Detailed Explanation
Shanti Suraksha refers to security and protection orders issued by the district administration or court to protect a victim from domestic violence.
Legal Basis in Nepal Law
Domestic Violence Act 2066 and Local Administration Act 2028.
Practical Example
The judge issued a shanti-suraksha order directing the husband to remain away from the wife's residence.
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.