मुलुकी ऐन संहिता

Under the Muluki Criminal Code, 2074, damaging or dishonouring the national flag, national anthem or national emblem is punishable with imprisonment of up to three years (or a fine, or both).

A marriage can be invalidated under the Muluki Civil Code, 2074 if it was performed by force, threat or deceit, that is, without the free consent of the bride or groom. Marriage is also invalid if either person already has a living spouse, or if the two are within a prohibited close relation.

1. Under the Muluki Civil Code, 2074, marriage is a legal relationship between two persons that is formed with their free and mutual consent.
2. A man and a woman must be at least 20 years old to marry, and a marriage of persons below that age is not valid.
3. A person who already has a living spouse cannot marry again, and marriage between persons within prohibited close relations is not allowed.
4. Marriage obtained by force, threat or deceit, or involving a person who cannot give valid consent, can be declared invalid.
5. A marriage should be registered at the concerned local level, and the law also provides rights of both spouses to property and the way of separation or divorce.

The Muluki Civil Code, 2074 (2017) is Nepal's codified civil law, which replaced the old Muluki Ain and governs matters such as marriage, family relations, property, inheritance and individual rights.

By raising awareness of the Civil Code 2074's provisions that prohibit caste-based discrimination and untouchability, and by using its legal remedies to challenge and report such practices in my community.

Suggestions to Settle a Family Conflict on Separation of Assets (Based on the Civil Code)

The Civil Code, 2074 (2017) has made clear legal provisions on the partition (separation) of family property. If a family in my neighbourhood is in conflict over the separation of assets, I would give the following suggestions based on that Code:

1. Try to settle the dispute within the family first. The Civil Code gives priority to mutual consent. The family members should sit together, discuss the matter calmly, and try to reach an agreement on how to divide the property. If they agree, the partition can be made accordingly without going to court.

2. Follow the rule of equal shares among the heirs. Under the Civil Code, sons and daughters have equal rights to ancestral property. Each heir (son, daughter, widow, etc.) is entitled to an equal share. The family should divide the property on this basis rather than discriminating against daughters or any member.

3. Give special protection to dependent members. The Code requires that arrangements be made for the maintenance and residence of dependent members such as unmarried daughters, widows, elderly parents, and disabled members. A portion of the property should be set aside for their care before the final partition.

4. Respect the rights of the widow and the spouse. If a member has died, his or her widow/widower and children inherit the share. The family should not deprive the widow of her legal share in her husband's property.

5. Take help of mediation or the local body. If the family cannot agree, they should approach the local ward office or a mediation centre. The Civil Code encourages mediation before litigation. A mediator can help the parties reach a fair settlement.

6. File a case in the District Court if mediation fails. If no settlement is reached, any heir may file a partition case in the District Court. The Court will decide the shares according to the Civil Code. The decision of the Court is binding on all parties.

7. Keep proper documents and records. The family should prepare a written deed (partition deed) listing each member's share, signed by all parties and witnessed. This prevents future disputes. Land ownership should be transferred in the Land Revenue Office as per the deed.

Conclusion: Thus, the family should first try mutual agreement based on the equal rights given by the Civil Code, protect the interests of dependent members, and use mediation or the Court only when necessary. This will help settle the conflict peacefully and legally.