Lex Advisers Adds New Managing Partner

We are delighted to announce that Advocate Sushan Kazi Shrestha will be joining the firm as a Managing Partner from 17 September 2020 onwards and will be heading the corporate and commercial practice. Our current Managing Partner Kailash Panday will continue to lead the firm as the Executive Chairman. Join us in welcoming Sushan. He may be reached at sushan@lexadvise.com

Sushan Kazi Shrestha
Sushan is a licensed advocate from Nepal Bar Council, practicing law since 2014. He mostly concentrates his practice on corporate law, commercial law, intellectual property law, banking law, project finance, investment law, dispute resolution, among others.
Prior to joining Lex Advisers, he worked with Dabur Nepal Pvt. Ltd., as a Senior Legal Joint Manager. At Dabur, he contributed in risk management, legal advising, contract drafting, legal research, among others.
Formerly, he was associated with Neupane Law Associates as a Senior Associate where he provided corporate and transaction advisory and litigation services to various renowned national and international companies including several hydropower, hospitality, telecommunication, and aviation companies.

Covid19 Updates: Changed Modality of Lockdown announced by Government of Nepal

The Government of Nepal has made a revision to the modality of lockdown as follows:

In relation to the COVID- 19 pandemic control and prevention, following orders has been issued pursuant to section 2 of Infectious Diseases Act, 2020:

I. Following services and activities will not be operated currently:

  1. Educational institutions (school, college, tuition center, training center),
  2. International and Domestic flights except those which are approved,
  3. All kinds of assembly, training, seminar,
  4. All kinds of exhibition, gatherings and Conference,
  5. Cinema hall, party palace, dance bar and other entertainment places,
  6. Public library, museum, zoo,
  7. Spa, saloon and beauty parlor,
  8. Swimming pool, gym center and health club,
  9. Shopping mall,
  10. Sports that are played in group and performance in sports ground,
  11. every religious and public place,
  12. Public vehicles which carry passenger (tourist vehicles too),
  13. Private vehicles other than private vehicles on odd and even number basis within Kathmandu valley only in case of Kathmandu valley and within respective districts in case such districts,

II. Following services and activities can be operated, however, social distance of 2 meters should be maintained, masks should be used, hands should be washed with soap time to time or use sanitizer as per public health standard and safety standard:

  1. All kinds of service related to health (private clinics too),
  2. All kinds of agriculture and livestock business (every chain from production to sales and distribution),
  3. Industry, business, shops and department stores,
  4. All kinds of transportation,
  5. Pedestrians,
  6. Cycle and Motorcycle (only rider allowed),
  7. In case of Kathmandu valley, private vehicles only within the valley and in case of other districts, private vehicles only within such districts on the basis of odd even number (except driver two others only allowed),
  8. Waste management,
  9. Service related to electricity, firetruck, ambulance, communication and broadcasting and postal services,
  10. Bank and financial institutions, cooperatives and insurance services,
  11. Nursery and forest-based enterprises,
  12. Development projects (promoted by private sectors too),
  13. Construction works (Private included),
  14. River and mines excavation, collection, transportation, sales and distribution.
  15. Packing and take away services of restaurants,
  16. Hotel and transport vehicles specified for quarantine,
  17. Government offices, office of educational institutions, offices of non-governmental and private sectors and bank and financial institutions (operate in two shifts: 8 am to 1 pm and 1 pm to 6 pm),
  18. Transport vehicles transporting employees of government and private service providers (used as per odd-even system). such vehicles should be disinfected daily, the travelers should use masks, make available sanitizers and only one person is allowed in one row of seats.

While operating above mentioned services, the concerned ministry shall formulate and implement necessary protocol in relation to the subjects of respective workplace pursuant to health and safety standards.

The provision of section 2, sub – section (j), (q) and (r) shall be implemented since 2077 Asadh 1 and other provisions shall be implemented immediately and will last up to 21 days. On the basis of analysis of circumstances and threat of infection, the mentioned provisions can be added or reduced as per necessity.

Pursuant to power given in section 3, subsection (1) of Essential Service operation Act, 2014, Government of Nepal has issued this order by prohibiting strike in following essential services:

  1. Postal, telegram and telephone service,
  2. Transportation services (road, water and air),
  3. airport, aeroplane repair and maintenance services,
  4. Airport runway, railway stations or government warehouse related services,
  5. Print and government press related services,
  6. Defense affairs related to the function of arms, ammunition or production of military goods and services,
  7. Communication services,
  8. Services pertaining to internal security,
  9. Water supply and distribution,
  10. Tourism sector (motels, hotels, restaurants, resorts)
  11. Supply of petroleum products, including liquefied petroleum gas,
  12. Service related to operation of hospital and health centers (ambulances),
  13. Production and sale/distribution of medicines,
  14. Waste management (collection, transportation, disposal, recycling),
  15. Banking services,
  16. Insurance services,
  17. Electricity supply,
  18. Transportation, storage and distribution of consumer goods including rice, lentils, edible oil and salt,
  19. Weather forecast, flood forecast, and forecast services,
  20. Mask,
  21. Hand sanitizer,
  22. Veterinary services.

Marriage by Registration in Nepal

Matrimonial Law: Marriage by Registration (Court Marriage) in Nepal

Marriage is a legal, social and religious relationship between individuals which has formed the foundation of the family for most society. A general definition of marriage is that marriage is a social contract between two individuals that unites their lives legally, economically and emotionally. In the context of Nepal, marriage is regarded more as a religious and social affair than a legal affair. 

According to Muluki Civil Code, 2074(2017) Civil Code,  if a man and a woman accept each other as the husband and wife through any occasion, ceremony, formal or other act, a marriage shall be deemed to have been concluded. A marriage may be concluded between a man and a woman after fulfilling the conditions mentioned below:

  • both have attained twenty years of age;
  • they are not relatives, punishable by law on incest;
  • prior matrimonial relationship of both parties does not exist;
  • both agree to accept each other as husband and wife.

However, no marriage shall conclude or cause to be concluded by way of misrepresentation mentioned in section 71(2) and a marriage concluded without consent or a marriage concluded between the relatives, punishable by law on incest shall be ipso facto void.

Civil Code has prescribed the procedure for marriage by registration (also known as court marriage) in Nepal. Section 77(1) of the Civil Code provides that 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 residing in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal. Provided that, if the application has to be filed in the District Court, either the man or the woman or both must have resided since at least fifteen days ago in such district. The applicant shall submit following documents along it the application;

  • Certified copy of citizenship of applicants,
  • Recommendation of local level (ward office) stating that the applicant have resided since at least fifteen days ago in concerned district (if applicable),
  • Recommendation of local level (ward office) stating the marital status of applicants (either married or divorcee),
  • Documentary evidences to conclude re-marriage (if applicable),
  • Copy of foreign law relating to marriage and it’s Nepalese translation (for foreigner’s),
  • No objection letter issued by the concerned government authority or concerned Embassy in Nepal (for foreigner’s),
  • Passport size photos of applicants,
  • Certified copy of citizenship of witness

After filing an application for the conclusion of a marriage by registration, the concerned authority after making necessary inquiry shall make a decision within seven days of the filing of the application, as to whether or not the marriage is capable of being concluded. If the concerned authority based in a foreign country has suspicion about the proposed marriage, the authority shall submit the matter to the Government of Nepal and settle the matter according to the decision of the Government of Nepal. If it is deemed appropriate to conclude marriage, the concerned authority shall prepare a deed of consent for marriage, also recording the matters specified in the application and a statement to the effect that the parties to the marriage have consented to accept each other as husband and wife.

The concerned authority shall register a marriage in the registration book, after the deed of consent has been signed by such an authority and also by the parties to the marriage and witnesses present. After which the marriage between the parties is deemed to be concluded. The concerned authority shall issue a marriage registration certificate to the parties to the marriage registration after the registration of a marriage in the registration book.

Marriage by registration or court marriage is considered as an economical and hassle-free alternative to a traditional marriage. The couples from different nationality, religion, and caste can solemnize and register their marriage through a simple procedure as discussed above. 

You can visit us for registration of marriage done with our experienced family advocate and to guide you through court marriage.