Family Law
Family Law
This domain tests marriage, divorce, partition, succession, adoption and maintenance under the Muluki Civil Code 2074. Questions often ask whether a relationship is valid and what share or remedy follows.
Core rules
- Marriage requires free consent, legal age, absence of prohibited relationship and registration under the Code.
- Divorce may be granted on statutory grounds; mutual consent divorce follows a separate procedure.
- Partition determines shares in joint family property; daughters and sons have equal rights in ancestral property under the Code.
- Succession follows intestate or testamentary rules; a valid will can alter distribution.
- Adoption and maintenance are statutory; customary arrangements do not automatically override the Code.
Worked example
A father dies intestate leaving a son and a daughter. The daughter claims a share in ancestral property. Under the Civil Code, she is a coparcener and is entitled to an equal share with the son. A family custom excluding daughters does not defeat the statutory right. The court would partition the property accordingly, subject to proved prior transfers.
Traps
Do not assume customary divorce or unregistered marriage is legally effective. Do not ignore the prohibition on bigamy. Do not treat self-acquired property as ancestral without proof. Maintenance and residence claims need factual support.