The constitutional bench of Acting Chief Justice Sapana Pradhan Malla, Justices Kumar Regmi, Hari Prasad Phuyal, Dr. Manoj Kumar Sharma, and Dr. Nahakul Subedi today repealed the provision in Section 214(2) of the National Civil Code Act, 2074 BS.
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The Supreme Court has struck down the legal provision that requires a single woman (widow) to return the property she received from her ex-husband if she remarries.
The constitutional bench of Acting Chief Justice Sapana Pradhan Malla, Justices Kumar Regmi, Hari Prasad Phuyal, Dr. Manoj Kumar Sharma, and Dr. Nahakul Subedi today struck down the provision in Section 214(2) of the Civil Code Act, 2074 BS.
Section 214(2) of the Civil Code, 2074 BS states, 'If a widow remarries, the property she received as a share shall be taken by her children from her previous husband, if any, and by her children if none, and by her own children if none.'
The provision was struck down while hearing a writ petition filed by the Women's Law and Development Forum and senior advocate Meera Dhungana on its behalf, stating that it was against the right to equality enshrined in the Constitution of Nepal.
