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Family LawVERIFIED NEPAL LEGAL TERM
Sharirik Yatana (शारीरिक यातना)
English Equivalent:Physical Torture / Abuse
Definition Summary
"Bodily assault or abuse used as grounds for divorce."
Detailed Explanation
Sharirik Yatana refers to physical violence, assault, and battery committed by one spouse against another, which constitutes cruelty for divorce.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Section 94 and Section 95.
Practical Example
A wife seeks divorce on the ground that her husband has inflicted ongoing sharirik yatana.
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.