Adalat Lawyers provides legal consultation, drafting, representation and litigation assistance in areas including:

Criminal Law

Criminal defense
Bail and detention
थुना / custody matters
FIR and Jaheri matters
Police investigation matters
Narcotic drugs cases
Criminal litigation
Appeals and related proceedings

Family Law

Divorce
Mutual-consent divorce
Contested divorce
Milapatra and settlement
Child custody matters
Property and partition issues
Court marriage
Registration marriage
Marriage-related legal advice

Civil and Litigation Services

Civil disputes
Court representation
Legal drafting
Legal consultation
Settlement and mediation-related assistance

Child custody is governed by the applicable provisions of Nepal's civil law and depends on factors including the child's age, circumstances, parental agreement and the child's welfare.

The Muluki Civil Code contains specific provisions concerning custody and the circumstances in which a child may remain with the mother or father. It also recognizes that spouses may agree regarding custody, subject to the law.

A divorce agreement should therefore deal with custody and child-related financial responsibilities clearly where children are involved.

Yes, depending on the circumstances and applicable law.

The Muluki Civil Code contains detailed provisions concerning partition, maintenance, expenses and property consequences associated with divorce. For example, Section 99 addresses partition in specified circumstances, while Section 102 recognizes written agreement concerning partition or expenses subject to statutory limitations, including the interests of minor children.

Because property rights can be complicated, a settlement should be prepared only after the relevant assets, liabilities and legal rights have been properly examined.

Yes.

Section 93 of the Muluki Civil Code expressly provides that a husband and wife may divorce whenever both of them wish to do so.

However, mutual consent does not mean that every other legal issue automatically disappears. Property, children, maintenance, expenses and other rights may need to be addressed appropriately.

Divorce costs depend on the nature of the case.

There may be:

court fees;
document and administrative expenses;
lawyer's professional fees;
expenses relating to property or valuation issues;
translation or certification expenses where required; and
other case-specific costs.

The Civil Procedure Code provides specific rules regarding court fees. It expressly identifies divorce as a matter for which a lump-sum court fee of Rs. 500 is prescribed under Section 70, subject to the statutory qualifications and circumstances in that provision. Property or other monetary claims may involve different court-fee considerations.

For mutual-consent divorce, the procedure may be comparatively straightforward when both parties agree on the necessary issues and all documents are complete.

A contested divorce can take longer because the court may need to examine pleadings, evidence, settlement possibilities, property issues, custody questions and other disputed matters.

Section 97 requires the court, after a divorce application is filed, to attempt to reconcile the husband and wife. Section 98 provides for divorce where reconciliation cannot be achieved and the statutory requirements are satisfied. It also contains a one-year provision in the circumstances specified there.

Therefore, no lawyer should responsibly guarantee that every divorce will be completed within a particular number of days.

Not necessarily.

“Milapatra” generally refers to a settlement or compromise in legal proceedings. Mutual-consent divorce is specifically governed by the family-law provisions concerning divorce.

The Muluki Civil Procedure framework also contains provisions concerning opportunities for compromise and mediation in cases where settlement is legally permissible.

The exact legal effect of a settlement depends on the type and stage of the proceeding and the matters being settled.

The documents required depend on the facts of the case and the filing requirements of the concerned District Court.

Commonly relevant documents may include:

citizenship documents or other identity documents;
marriage registration certificate or evidence of marriage;
photographs, where required;
details concerning children;
documents concerning property, where property settlement is involved;
prior court orders, if any;
divorce petition/application and related pleadings; and
written settlement or mutual-consent documents where applicable.

The final checklist should be confirmed before filing because the required documents may vary according to the circumstances of the spouses.

Adalat Lawyers can review the circumstances and prepare the appropriate divorce and settlement documents.

Mutual consent divorce is a divorce where both husband and wife agree to end the marriage.

Section 93 of the Muluki Civil Code states that where both husband and wife wish to do so, they may divorce at any time.

The parties should also address relevant issues such as:

property and partition;
maintenance or financial arrangements;
child custody;
child support and expenses;
personal belongings;
outstanding claims; and
other agreed terms.

The precise settlement should be prepared carefully because a divorce settlement can have significant legal consequences.

Under Section 96 of the Muluki Civil Code, a husband or wife who wants a divorce must submit an application to the concerned District Court.

Where both spouses agree to divorce, Section 93 provides that the husband and wife may obtain divorce by mutual consent.

Where one spouse seeks divorce without the other's consent, the applicable statutory grounds under Sections 94 and 95 must be examined.

Foreign-national court marriage cases involve additional legal and documentary considerations.

Section 77 specifically addresses registration marriage in Nepal and also provides a procedure concerning registration marriage outside Nepal through a Nepali embassy or consulate.

A foreign-national marriage should therefore be assessed individually before filing because nationality, marital status, residence, identity documents and documents issued by foreign authorities can affect the procedure.

Adalat Lawyers assists with legal consultation concerning court marriage and marriage registration matters in Kathmandu, including cases involving foreign nationals.

Under Section 77 of the Muluki Civil Code, 2074, a man and a woman who wish to conclude marriage by registration must file an application:

in the concerned District Court, if they are in Nepal; or
in the Nepali Embassy or Consulate General, if they are outside Nepal.

The application must specify the following information:

Name and surname of the man and woman;
Age;
Address;
Profession;
Name of the father;
Name of the mother;
Name of the grandfather;
Name of the grandmother;
Whether either party has been previously married;
If previously married, details concerning the dissolution of the previous marriage; and
The names of at least two witnesses.

Yes. Section 77(2) of the Muluki Civil Code, 2074 provides an important residence requirement.

For an application filed in a District Court in Nepal, either the man or the woman, or both, must have resided in the concerned district for at least fifteen days immediately preceding the filing of the application.

Where the application is filed at a Nepali Embassy or Consulate General outside Nepal, either the man or the woman, or both, must have resided in the country where that Embassy or Consulate General is situated for at least fifteen days before filing the application.

Therefore, the 15-day residence requirement should be considered before planning a registration marriage in Nepal.

Under Section 70 of the Muluki Civil Code, marriage may be concluded where the statutory requirements are satisfied, including:

both parties consent to accept each other as husband and wife;
they are not within a prohibited relationship under the law;
neither party has a subsisting marital relationship; and
both parties have completed 20 years of age.

Consent and legal eligibility are therefore fundamental requirements.

If a person believes that a criminal complaint has not been properly received or registered, the appropriate legal remedy depends on the facts and applicable law.

The complainant should preserve copies of the complaint, supporting documents and any proof of submission. Legal advice can then be obtained regarding the appropriate authority, procedural remedy or court application.

Adalat Lawyers can advise clients regarding FIR/Jaheri, police investigation and criminal procedural remedies in Nepal.

Yes, the absence of the alleged offender's name, address or identifying details does not by itself make the complaint unacceptable.

Nepal Police expressly states that a Jaheri should not be rejected solely because the complainant cannot identify the offender by name, address or physical description. However, the complainant should provide as much information about the offence and suspected offender as possible.

Nepal Police's published guidance states that information or a Jaheri may also be submitted through electronic means in appropriate circumstances. The relevant police office is required to register the information and provide the prescribed receipt or acknowledgement.

Where authenticity is questioned in relation to information submitted through another person or electronic/other means, Nepal Police's guidance provides for identification or verification in accordance with the applicable procedure.

Bail in a narcotics case is not automatically granted or automatically refused in every case.

The court considers the applicable law, alleged offence, punishment, evidence and procedural circumstances. The Narcotic Drugs (Control) Act must be read together with the applicable criminal procedure framework.

Because narcotics offences can involve significant penalties, anyone arrested or charged should obtain case-specific legal advice promptly.

Yes, where the applicable law permits it.

The National Criminal Procedure Code specifically provides a framework for detention, deposit, bail and bank guarantees. It also permits the court, in certain circumstances, to reconsider custody or release when relevant evidence or circumstances arise.

However, whether an accused can obtain release depends on the particular offence and procedural stage. A lawyer should review the actual case before advising whether bail, deposit, guarantee, release on date or another remedy is appropriate.

There is no universal fixed bail amount for every criminal case.

Under Section 72 of the Muluki Criminal Procedure Code, the amount of deposit, bail or bank guarantee is to be determined reasonably after considering the matters prescribed by law. The court may therefore determine the amount according to the circumstances of the particular case.

The amount can differ substantially depending on the offence, circumstances, evidence, potential punishment and other relevant factors.

For a particular case, Adalat Lawyers can examine the allegations and applicable provisions and advise on the available bail strategy.

“Thuna (थुना)” commonly refers to being kept in custody or detention.

If a person has been arrested and is in police custody or judicial custody, the legal route to release depends on the stage of the criminal proceeding and the offence involved. The Criminal Procedure Code contains provisions concerning arrest, investigation, production before the competent authority and detention, followed by the court's consideration of custody, bail, deposit, guarantee or release on date where applicable.

The fact that someone is in थुना does not automatically mean that the person must remain in custody until the case is finally decided. Depending on the offence and circumstances, a court may consider release on the legally available terms.

An accused or family member should contact a criminal defense lawyer as soon as possible so that the case file, allegations, detention status and applicable legal provisions can be examined.

Adalat Lawyers provides legal assistance in थुना, detention, bail and criminal defense matters in Kathmandu and other courts of Nepal.

In Nepal, bail is generally dealt with through the court's process of detention, bail, bond or surety, depending on the nature of the alleged offence and the circumstances of the accused.

The Muluki Criminal Procedure Code, 2074 contains specific provisions relating to detention, bail, deposit and guarantee. Under Section 67, in specified serious offences, including offences carrying life imprisonment or certain offences punishable with more than three years' imprisonment under Schedule 1 or Schedule 2, the court may order the accused to remain in custody for trial when the statutory conditions are satisfied. In other circumstances, the court may order deposit, bail, bank guarantee or release on date. Sections 68 and 69 are particularly relevant to this process.

A person already in custody should obtain legal advice promptly because the appropriate application and procedure depend upon:

the offence alleged;
the applicable punishment;
the stage of investigation or prosecution;
the evidence available;
whether the case is before the investigating authority, government attorney or court;
previous orders of the court; and
whether the law permits release on bail, deposit, guarantee or date.

Adalat Lawyers assists clients with bail applications, detention proceedings, criminal defense and representation before the appropriate court.