Spaces:

khagu
/

setu

Running

Key Legal Point "Section 3, Sub-section (2) of citizenship_AIN_2006.pdf states: 'Whatever may be written in Sub-section (1), a child born out of wedlock by a Nepali female citizen to a foreign national shall be in accordance with Section 5, Sub-section (2).'"

Explanation

You, as a Nepali female citizen, can pass on your citizenship to your child born out of wedlock.
Since the child's father is a foreign national, the citizenship acquisition will be in accordance with Section 5, Sub-section (2) of the citizenship_AIN_2006.
Section 5, Sub-section (2) mentions that the child may be granted naturalized citizenship as prescribed, provided the child has not acquired the citizenship of the foreign country on the basis of the citizenship of his/her father.

Next Steps

Gather the necessary documents, such as the birth certificate of your child, proof of your own citizenship, and evidence showing the foreign citizenship of your child's father (if applicable).
Submit an application for your child's naturalized citizenship at the designated authority, as prescribed in the citizenship_AIN_2006. You may consult with a legal expert to ensure your application meets all requirements.

Retrieved Sources

113. Birth of son, daughter to be registered (civil_code_1st_amendment_en.pdf) - Score: 0.0688
5. Acquisition of Citizenship by Naturalization (citizenship_AIN_2006.pdf) - Score: 0.0523
179. Surname of adopted son or daughter (civil_code_1st_amendment_en.pdf) - Score: 0.0109
**3. Acquisition of Nepali Citizenship by descent ** (citizenship_AIN_2006.pdf) - Score: -0.0024
11. To be citizens of Nepal (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.0049

Scenario 2: Inheritance

Query: "My parents want to give all property to my brother. As a daughter, do I have a claim?"

Expected Intent: Equal inheritance rights (Article 18, Civil Code)

Generated Response

Summary As a daughter, you are not entitled to claim a partition share in the property belonging to your biological parents if they decide to give all of it to your brother.

Key Legal Point "An adopted son or daughter shall not be entitled to claim partition share in the property belonging to his or her biological father and mother (civil_code_1st_amendment_en, Section 180)"

Explanation

According to Section 180 of the Civil Code 1st Amendment, an adopted son or daughter is not entitled to claim a partition share in the property belonging to their biological father and mother.
Since you are the biological daughter, this law applies to your situation.

Next Steps

If you wish to discuss this matter further, it would be best to consult with a legal professional who can provide advice based on your specific circumstances.
If your parents have already given the property to your brother, there might be no legal recourse for you to claim a share, but it's best to confirm this with a legal expert.

Retrieved Sources

180. Not allowed to claim partition share of father and mother (civil_code_1st_amendment_en.pdf) - Score: 0.1769
257. Property deemed to be property in common (civil_code_1st_amendment_en.pdf) - Score: -0.0467
636. The owner of goods may terminate contract (civil_code_1st_amendment_en.pdf) - Score: -0.0716
439. Entitlement to possess as if it belonged to oneself (civil_code_1st_amendment_en.pdf) - Score: -0.0822
636. The owner of goods may terminate contract (civil_code_1st_amendment_en.pdf) - Score: -0.0835

Scenario 3: Divorce

Query: "My husband wants a divorce but refuses to share any property. What are my rights?"

Expected Intent: Property partition upon divorce

Generated Response

Summary If your husband wants a divorce and refuses to share the property, you have a right to claim your share of the joint or private property as per Nepali law.

Key Legal Point "According to Civil Code 1st Amendment, Section 258, any property owned by two or more persons shall be deemed to be a joint property. Section 263 states that any owner of a joint property may separate their right or share from the other owners at any time, subject to certain conditions."

Explanation

Your husband and you own any property jointly (unless it is privately owned by one of you), according to the Civil Code 1st Amendment, Section 258.
You are entitled to separate your share from the joint property, as per Civil Code 1st Amendment, Section 263. However, this requires the consent of all owners and should not cause substantial loss or disorder to the other owners.
If the property cannot be separated, it may be sold, and the proceeds of sale will be divided between you and your husband in proportion to your respective right and share in the property.

Next Steps

Gather all the necessary documents related to the property ownership, including deeds, sale agreements, and any other proof of your share in the property.
Consult with a legal professional to understand your specific rights and the best course of action in your case. You may also consider mediation to resolve the dispute amicably, as per Civil Code 1st Amendment, Section 97. If mediation fails, you can file a petition for divorce and property division in the concerned district court, as per Civil Code 1st Amendment, Section 96.

Retrieved Sources

256. Property deemed to be private property (civil_code_1st_amendment_en.pdf) - Score: 0.0251
258. Property deemed to be joint property (civil_code_1st_amendment_en.pdf) - Score: -0.0047
97. Mediation to be made between husband and wife (civil_code_1st_amendment_en.pdf) - Score: -0.0383
263. Separation of one's share from joint property (civil_code_1st_amendment_en.pdf) - Score: -0.0474
96. Petition to be filed for divorce (civil_code_1st_amendment_en.pdf) - Score: -0.0579

Scenario 4: Marriage

Query: "We want to do a court marriage. What is the process and what documents do we need?"

Expected Intent: Marriage registration process

Generated Response

Summary To have a court marriage, you need to file an application in the concerned District Court if you are in Nepal, or in the Nepali embassy or consulate general if you are outside Nepal.

Key Legal Point "77. Marriage by registration: (1) Notwithstanding anything contained in sub-section (2) of Section 69 and Section 74, if a man and a woman desire to conclude marriage by registration, they shall file an application in the concerned District Court, if they are in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal, specifying therein their name, surname, age, address, profession, name of their father, mother, grand-father, grand-mother, whether previously married or not, if married, the details of the dissolution of marriage and also the name of at least two witnesses."

Explanation

You and your partner need to file an application with the District Court if you are in Nepal, or with the Nepali embassy or consulate general if you are outside Nepal.
The application should include your names, surnames, ages, addresses, professions, the names of your parents and grandparents, whether you have been married before and, if so, details of the dissolution of your previous marriage, the names of at least two witnesses, and other relevant information.
You must have lived in the concerned district for at least fifteen days if you are filing the application in the District Court, and in the country where the embassy or consulate general is located if filing the application there.

Next Steps

Prepare and gather all the required documents: these include your identity proof, address proof, and other personal details.
File the application in the District Court if you are in Nepal, or in the Nepali embassy or consulate general if you are outside Nepal.

Retrieved Sources

80. Provisions relating to registration of marriage (civil_code_1st_amendment_en.pdf) - Score: 0.2035
76. Marriage to be registered (civil_code_1st_amendment_en.pdf) - Score: 0.0929
96. Petition to be filed for divorce (civil_code_1st_amendment_en.pdf) - Score: 0.0847
77. Marriage by registration (civil_code_1st_amendment_en.pdf) - Score: 0.0431
79. Deed of consent to be prepared (civil_code_1st_amendment_en.pdf) - Score: 0.0317

Scenario 5: Fundamental Rights

Query: "Can the police arrest me for posting my opinion on social media?"

Expected Intent: Freedom of opinion and speech (Article 17)

Generated Response

Summary No, the police cannot arrest you solely for posting your opinion on social media, unless your post undermines the sovereignty, territorial integrity, nationality of Nepal or the harmonious relations between the Federal Units or various castes, tribes, religions or communities, or is an act of sedition, defamation, contempt of court, incitement to an offence, or is contrary to public decency or morality, promotes caste-based untouchability as well as gender discrimination.

Key Legal Point "No publication and broadcasting or dissemination or printing of any news item, editorial, feature article or other reading, audio and audio-visual material through any means whatsoever including electronic publication, broadcasting and printing shall be censored, provided that nothing shall be deemed to prevent the making of Acts to impose reasonable restrictions on any act which may undermine the sovereignty, territorial integrity, nationality of Nepal or the harmonious relations between the Federal Units or the harmonious relations between various castes, tribes, religions or communities, or on any act of sedition, defamation or contempt of court or incitement to an offence, or on any act which may be contrary to public decency or morality, on any act of hatred to labour and on any act of incitement to caste-based untouchability as well as gender discrimination (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.np, Section 19)."

Explanation

The Constitution of Nepal guarantees the right to freedom of speech and expression, which includes the right to publish and broadcast information through various means, including electronic media (SOURCE 2, Section 27).
However, this right is not absolute and can be subject to reasonable restrictions as prescribed by law (SOURCE 1, Section 21).
Among the acts that can be considered a violation of privacy and may be subject to legal action are: (a) entry into any person's residence, (b) opening a person's correspondence or using it, taping or recording or listening the discourse, speech, sound through the medium of telephone or other technology, (c) watching, publishing, broadcasting or disseminating activities, behaviors of personal life of a person, (d) taking figure or photograph of a person, (e) imitating other's name, figure, photograph, sound and making the same public (SOURCE 1, Section 21).
But, if a person commits any act referred to in clauses (d) or (e) for literary or artistic purpose or public interest, the right to privacy shall not be deemed to have been violated (SOURCE 1, Section 21).
The Constitution alsoprotects the right to privacy, stating that the privacy of any person, his or her residence, property, document, data, correspondence, and matters relating to his or her character shall, except in accordance with law, be inviolable (SOURCE 3, Section 28).
However, the Constitution also states that no publication and broadcasting or dissemination or printing of any news item, editorial, feature article, or other reading, audio and audio-visual material through any means whatsoever, including electronic publication, broadcasting, and printing, shall be censored, but reasonable restrictions can be imposed on acts that may undermine the sovereignty, territorial integrity, nationality of Nepal or the harmonious relations between the Federal Units or the harmonious relations between various castes, tribes, religions or communities, or on any act of sedition, defamation, contempt of court, incitement to an offence, or on any act which may be contrary to public decency or morality, on any act of hatred to labor and on any act of incitement to caste-based untouchability as well as gender discrimination (SOURCE 4, Section 19).

Next Steps

If you believe that your social media post was misunderstood or misconstrued, consider removing the post or issuing a clarification.
If you are arrested or charged for your social media post, seek legal advice from a licensed attorney as soon as possible.

Retrieved Sources

21. Right to privacy deemed to be violated (civil_code_1st_amendment_en.pdf) - Score: -0.1964
27. Right to information (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.3124
28. Right to privacy (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.3269
19. Right to communication (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.3321
20. Rights relating to justice (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.3698

Scenario 6: Cyber Law

Query: "Someone is harassing me online and threatening me. What can I do?"

Expected Intent: Cyber crime / harassment laws (might be general guidance if specific act not in DB)

Generated Response

Summary You can file a complaint about online harassment and threats with the National Human Rights Commission. If the harasser commits a violation of privacy, they can be held accountable under the law.

Key Legal Point 21. Right to privacy deemed to be violated (Clause d and e of sub-section 1): If any person commits any act referred to in clauses d (taking figure or photograph of a person) or e (imitating other's name, figure, photograph, sound and making the same public) without obtaining consent, they shall be deemed to have violated the right to privacy.

Explanation

Online harassment and threats can be considered a violation of your right to privacy if they involve taking your picture, recording you, or impersonating you without your consent.
The National Human Rights Commission can investigate complaints related to human rights violations, including online harassment and threats.

Next Steps

Gather evidence of the harassment and threats, such as screenshots, messages, and other relevant information.
Submit a complaint to the National Human Rights Commission, either in person or via their website or email address. You can also seek help from a legal aid service or an NGO that specializes in digital rights.

Retrieved Sources

132. Power to restrict parental authority (civil_code_1st_amendment_en.pdf) - Score: -0.4607
21. Right to privacy deemed to be violated (civil_code_1st_amendment_en.pdf) - Score: -0.5221
149. Appointment, qualification, remuneration and other conditions of service of Judges of District Courts (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.5244
134. Statute of limitation (civil_code_1st_amendment_en.pdf) - Score: -0.5361
249. Functions, duties and powers of National Human Rights Commission (Constitution-of-Nepal_2072_Eng_www.moljpa.gov_.npDate-72_11_16.pdf) - Score: -0.5491

Scenario 7: Contracts

Query: "I lent money to a friend verbally. Is this agreement valid in court?"

Expected Intent: Contract validity / evidence

Generated Response

Summary Your verbal agreement to lend money to a friend could be considered valid in a Nepali court if certain conditions are met, but it's not automatically legally binding without a written agreement.

Key Legal Point "The Civil Code does not explicitly state that verbal agreements about lending money are invalid. However, it does recognize the importance of written agreements for certain transactions (Article 1348)."

Explanation

A verbal agreement about lending money can be considered valid, but it may be more difficult to prove in court compared to a written agreement.
To strengthen your case in court, it's recommended to have a written agreement that includes the amount lent, the repayment terms, and any interest rates involved.

Next Steps

Consider writing a simple agreement with your friend detailing the terms of the loan.
Keep records of all communications related to the loan, such as emails or text messages, to help prove the agreement in case of a dispute.

Retrieved Sources

460. Procedures for making pre-emption (civil_code_1st_amendment_en.pdf) - Score: 0.0852
460. Procedures for making pre-emption (civil_code_1st_amendment_en.pdf) - Score: 0.0646
460. Procedures for making pre-emption (civil_code_1st_amendment_en.pdf) - Score: 0.0466
460. Procedures for making pre-emption (civil_code_1st_amendment_en.pdf) - Score: 0.0286
460. Procedures for making pre-emption (civil_code_1st_amendment_en.pdf) - Score: 0.0238