Presentation on:

Concept of family
law

Presented by : Beena Bhattarai Submitted to : Adv .Bishnu

Bashyal
Roll no. 21
Sec A
Content

 Introduction of family
 Introduction of family law
 Scope of family law
 Nature of family law
 Nepalese context
 Indian and US context
 References
 Introduction
FAMILY
 A group of one or more parents and their children living together as a
unit.
 The purpose of families is to maintain the well-being of its member.
 The family is an intimate domestic group made up of people related to one
another by bonds of blood, sexual mating or legal ties. It is the smallest
and most basic social unit, which is also the most important primary group
found in any society.
 In legal terms family is described as the group of individuals who are
related to each other and share the ties of blood, marriage or adoption.
Family consists parents, children and other relatives who live together and
are related to each other.
 Simply defining family as a "Family is what you make it." Whether made
of blood relatives, friends, or pets, or a combination of these.
CONTD………
Definition of Family

According to dictionary Family in a traditional society is a

" fundamental social group in society typically consisting of
one or two parents and their children.”
Family in a modern society is defined as a "Two or more
people who share goals and values , have long-term
commitments to one another and reside usually in the same
dwelling.”
The legal defintions of family includes :
1) Husband, wife and children
2) All blood relations
3) All who live in the same household including servants and
 Muluki Civil Code 2074

Section 238 :
Where succession to a person's property is opened, his or her nearest heir
shall be entitled to such succession.
Section 239 Orders of preferences of heirs for succession:
(a) Husband or wife living in the undivided family,
(b) Son, daughter, widow daughter-in-law living in the undivided family,
(c) Father, mother, step mother, grand-son, granddaughter, grand-daughter-
in-law, on the side of son or daughter, living in the undivided family,
(d) Separated husband, wife, son, daughter, father, mother, step-mother,
(e) Separated grand-son, grand-daughter from the son's generation,
(f) Separated grand-father, grand-mother,
(g) Grand-father, grand-mother, elder brother, younger
brother, elder sister, younger sister, widow elder
brother’s wife or younger brother’s wife living in the
undivided family,
(h) Uncle, aunt, nephew, niece, living in the joint family,
(i) Separated elder brother, younger brother, elder sister,
younger sister, widow elder brother's wife or younger
brother's wife
 The Land Act, 2021
“Family”, in relation any person, means that person and only his/her
relative in the following status: (1) husband or wife, irrespective of
whether they are partitioned or not, (2) until the father or mother is alive,
a son, 3 daughter who has not attained the age of 16 years irrespective of
whether he has been partitioned.

Senior Citizens Act 2063

“Family Member” means the following relative of a senior citizen:

(1) son, daughter-in-law, daughter, grand-son or grand-daughter on
the line of son living in a joint family,
(2) in the case of non-existence of the member as referred to in
Clause (1), son, daughter-in-law, daughter, grand-son or grand-
daughter on the line of son living in separately,
(3) in the case of non-existence of any relative as referred to in
 Family law

 Family law is a legal practice area that focuses on issues involving family
relationships such as adoption, divorce, child custody, spousal support,
visitation, prenupital agreements, among others.
 Family law, body of law regulating family relationships, including marriage
and divorce , the treatment of children, and finances related matters.
 It is an area of the law that deals with family matters and domestic
relations or matters arise in a family.
 It is also called matrimonial law or law of domestic relations.
 The law which made for the solution of any dispute
arising in the family and its management can be
named as Family Law.
 Family law is closely connected with the law of
property and successions which are associated with
family power structures and family economic
interest.
 Attorneys practising family law can represent clients
in family court proceeding or in related negotiations
and also draft important legal documents such as
court petitions or property agreements.
 Family law is a state law
 All about relationship
marriage relationship
parent child relationship
* How relationship is created
* Rights , Duties of the parties
* How relationship is terminated
 Family law is the body of statutes, rules, regulation, and practices and
practices related essentially to the development and organization of the
fundamental social unit as the family and legal relationships existing
among its members.
L.B. Curzon , Family Law, London Cavendish Publishing Limited,
1995,p. 1
 Family means in relation to an individual the husband and wife of the
individual or of the individual or wife and for the purpose, relative means
brother sister ancestor or lineal descendent.
Taxation of chargeable Gains Act, 1991, sec c
 Family law is a practice area that encompasses the legal issues that face
families.

http//legalcare.about.com/od/legalspecialities/a/familylaw.htm
Scope

 Marriage: types of marriages, formalities

 Its consequences
 Nullity: void and voidable marriages
 Dissolution of marriage
 Parenthood, Who is a parent at law: adoption and legitimacy
, guardianship
 Law’s regulation or protection of the right to family life.
 Domestic violence, marital abuse
 Nature of family law

 It is based on Dharmashastra
 Muluki Ain 1910 reflects the concepts of shastras .
 Muluki Ain 2020 has explicitly incorporated the cultures of different
groups.
 It is substantive and procedural law .
 When there is criminal wrong , criminal liabilities occur.
 When there is breached of civil right it creates civil liabilities.
 Special laws particularly for children have been enacted such as Children’s
Act 2075.
 A Provisions relating to partition of property in Nepal
1 Who shall be deemed as the coparceners for the partition of the
property?
Husband, wife, father, mother, son and daughter shall be deemed as the
coparceners for the partition of the property.
2 What are the matters to be specified in the deed of partition?
The matters to be specified in the deed of partition are:
 Name, surname, age, address of every coparcener and that of his or her mother,
father, grand-father and grand-mother;
 Property to be received by the coparceners;
 If the part of a coparcener involves debts, money receivable, amount of such
debts and money;
 If, upon partition, any coparcener is to live with another coparcener, that details
thereof;
 A matter to the effect that no coparcener has hidden or concealed any property
subject to partition;
 If any property is to devolve on a coparcener only, upon the death of the father,
mother, husband or wife, details thereof; and
 If the partition share of any coparcener is too been trusted to anyone, details
thereof.
3 What is the succession of property?
Succession is the practice of passing on private property, title, debts, rights and
4 What is the order of preference of heirs for the succession of
property?
The order of preference of heirs are set as follows:
 Husband or wife living in the undivided family;
 Son, daughter, widowed daughter-in-law living in undivided family;
 Father, mother, stepmother, grand-son, granddaughter, grand-daughter-
in-law, on the side of son or daughter, living in undivided family;
 Separated husband, wife, son, daughter, father, mother, step-mother;
 Separated grand-son, grand-daughter from the son’s generation;
 Separated grand-father, grand-mother;
 Grand-father, grand-mother, elder brother, younger brother, elder sister,
younger sister, widow elder brother’s wife or younger brother’s wife living
in the undivided family;
 Uncle, aunt, nephew, niece, living in joint family; and
 Separated elder brother, younger brother, elder sister, and younger sister,
widow elder brother’s wife or younger brother’s wife.
5 Can the person be disqualified for succession?
 A person can be disqualified for succession of property if he\she kills or
causes the death of another person to obtain the property.
 B. Provision related to adoption in Nepal
 6. What is adoption?
 Adoption is a legal process that establishes the relationship between a parent and an adopted child that is
recognized by the law.
 7. What is the eligibility for adopting a child?
 The following persons are eligible to adopt a child:
 A couple to whom no child has born even up to ten years of the marriage;
 An unmarried woman having completed forty-five years of age, a widow, divorcee woman or judicially
separated woman, having no son or daughter; or
 An unmarried man having completed forty-five years of age, a widower, divorcee or judicially separated man,
having no son or daughter.
 8. What is the age difference requirement between the adopter and adoptee?
 The difference of age must be at least 25 years between adopter and adoptee.
 9. What is the responsibility of the adopter?
 The obligations of an adoptive person are as follows:
 To make arrangements for the maintenance, health care, sports, entertainment and proper education of the
adopted son or daughter according to his or her reputation and capacity as if he or she were his or her
biological son or daughter;
 To protect the rights and interests of the adopted son or daughter; and
 To exercise the authority as referred to in Chapter-5 of this Part (Provisions Relating to Maternal and Paternal
Authority).
 10. What is the procedure of adoption for a Nepalese citizen in Nepal?
 If a person is desirous of adopting a child, he or she shall make a petition to the concerned court, along with a
duly executed deed of adoption, in fulfillment of the legal requirements.
 If, upon inquiring into the deed of adoption received, the concerned court finds that permission may be given
to the petitioner for adoption, it shall issue an order granting permission for adoption and shall authenticate
such deed.
 If, upon making inquiry, the court finds that permission cannot be given to the petitioner for adoption, it shall
 11. What is the procedure of adoption by a foreigner in Nepal?
 A foreigner or couple qualified under Section 192 of Muluki Civil Code and desirous of adopting a Nepali minor or a
minor of a foreigner domiciled in Nepal shall make an application to the Inter-country Adoption Board (“Board”),
accompanied by the following documents, through the embassy of his or her country in Nepal and where no such an
embassy is situated in Nepal, the embassy designated for Nepal or the central agency of the concerned country which
gives permission for adoption:
 The applicant’s birth registration certificate;
 The applicant’s recently taken photograph;
 A photocopy of the applicant’s passport;
 A document certifying the applicant’s marital status;
 A certificate issued by a licensed medical doctor on the applicant’s health;
 A certificate issued by the governmental body of the concerned country, indicating that the applicant is of good
character and has not been convicted by a court of a criminal charge involving moral turpitude;
 A document that certifies the applicant’s property and income source;
 The applicant’s social, psychological and home study report;
 Age, sex and other details of the child sought for adoption;
 A letter of consent issued by the government of the applicant’s country for making adoption in Nepal;
 A letter of guarantee issued by the government of the concerned country or by the embassy of that country based in
Nepal or designated for Nepal indicating that according to the law of the applicant’s home country, the status of the
person to be adopted is equal to that of the applicant’s biological son or daughter;
 A letter of guarantee issued by the government of the applicant’s home country, embassy of that country based in
Nepal or designated for Nepal indicating that, according to the law of the applicant’s home country, the applicant is
qualified to make adoption and has the financial capacity to bear all responsibilities including maintenance, health
care, education and protection of the minor to be adopted;
 If it is found, from an inquiry into the application received, that it is appropriate to grant permission for adoption
according to the applicant’s request, the Board shall, by keeping confident the applicant’s name and address, forward
the details relating thereto to the selection committee.
 If the Board considers, from an inquiry into the recommendation received from the selection committee, that it is
appropriate to grant a minor as recommended for adoption by a foreigner, it shall make according recommendation to
the Government of Nepal.
 If, upon an inquiry into the recommendation made by the Board, it thinks reasonable to do so, the Government of
Nepal shall, according to the recommendation of the Board, grant permission for the adoption of such a minor by the
 C. Provisions relating to marriage and divorce
 12. What are the conditions for a valid marriage in Nepal?
 The following conditions are required for a valid marriage in Nepal:
 Consent of both man and woman to enter into the marriage;
 The man and the woman are not relatives, punishable by law on incest (except for the practices
prevailed in ethnic community or clan);
 The matrimonial relationship of both the man and woman should not exist; and
 Both man and women must attain twenty years of age.
 13. Is registration of marriage is required in Nepal?
 The registration of marriage is required in Nepal to obtain the legal validity of such marriage.
 14. What is marriage by registration?
 Marriage by registration is a marriage where man and woman desire to conclude marriage
though the registration process. They can file the application in relevant District Court of Nepal
or in a Nepalese Embassy or Consulate General in case of residence in foreign countries.
 15. Can divorce be affected by the consent of both parties?
 The husband and wife with mutual consent can divorce their relationship at any time.
 16. What are the grounds for divorce in Nepal?
 16.1 Grounds for husband:
 If the wife has been living separately for three or more consecutive years, without consent of the
husband;
 If the wife deprives the husband of maintenance costs or expels him from the house;
 If the wife commits an act or conspiracy likely to cause the grievous hurt or other severe
physical or mental pain to the husband; or
 If the wife is proved to have made sexual relation with another person;
 16.2 Grounds for wife:
 If the husband has been living separately for three years or more
consecutively, without consent of the wife;
 If the husband deprives the wife of maintenance costs or expels her from
home;
 If the husband commits an act or conspiracy likely to cause grievous hurt
or other severe physical or mental pain to the wife;
 If the husband concludes another marriage; or
 If the husband is proved to have made sexual intercourse with another
woman; or
 Marital rape.
 17. What are the conditions of remarriage in Nepal?
 A man or a woman may remarry in any of the following circumstances:
 If the matrimonial relationship between husband and wife is terminated
pursuant to Section 82 of Muluki Civil Code;
 If husband or wife dies; or
 If husband and wife are separated after partition in accordance with the
law.
Indian context

 Hindu: Hindu Marriage Act 1955.

 Muslim: Muslim marriage is a contract under Muslim law.
 Christian: Indian Christian Marriage Act 1872 and the
Divorce Act 1869.
 Parsi: Parsi Marriage and Divorce Act 1936.
 In addition, the Special Marriage Act 1954 applies to all
persons of all religions. This is a civil legislation and parties
from all religions, caste or community can elect to marry
under it. A divorce would then be governed by the Special
Marriage Act 1954.
 All these laws apply throughout India.
IN USA
 Family is defined as “one or more persons occupying a single dwelling
unit, provided that unless all members are related by blood or marriage,
no such family shall contain over five persons, but further provided that
domestic servants employed on the premises may be housed on the
premises without being counted as a family or families.
" Greene County v. N. Shore Resort, 238 Ga.
App. 236, 237 (Ga. Ct. App. 1999)
Title 5, Chapter 39 of Florida Statutes on Proceedings Relating to
Children define family as follows:
Fla. Stat. § 39.01
(30) "Family" means a collective body of persons, consisting of a child and a
parent, legal custodian, or adult relative, in which:
(a) The persons reside in the same house or living unit; or
(b) The parent, legal custodian, or adult relative has a legal responsibility by
 Fla. Stat. § 90.4026
(c) "Family" means the spouse, parent, grandparent, stepmother, stepfather, child,
grandchild, brother, sister, half-brother, half-sister, adopted child of parent, or spouse's
parent of an injured party.

Fla. Stat. § 414.0252 [TITLE 30. SOCIAL WELFARE,CHAPTER 414. FAMILY SELF-SUFFICIENCY]
defines family as follows:
(5) "Family" means the assistance group or the individuals whose needs, resources, and income
are considered when determining eligibility for temporary assistance. The family for purposes
of temporary assistance includes the minor child, a parent, or caretaker relative who resides
in the same house or living unit. The family may also include individuals whose income and
resources are considered in whole or in part in determining eligibility for temporary
assistance but whose needs, due to federal or state restrictions, are not considered. These
individuals include, but are not limited to, ineligible noncitizens or sanctioned individuals.
(6) "Family or household member" means spouses, former spouses, noncohabitating partners,
persons related by blood or marriage, persons who are presently residing together as if a
family or who have resided together in the past as if a family, and persons who have a child
in common regardless of whether they have been married or have resided together at any
Other Relevant Laws in USA

 Domestic Relations Law (DRL).

 Family Court Act (FCA).
 Social Services Law (SSL).
 Civil Practice Law and Rules (CPLR).
 And already decided cases on family law.
 References

 Family law by Associated Professor Krishna Prasad Bashyal and Vice

Professor Bishnu Bashyal
 https://uk.practicallaw.thomsonreuters.com/1-571-0269?transitionType=D
efault&contextData=(sc.Default)&firstPage=true
 https://uk.practicallaw.thomsonreuters.com/6-581-5985?transitionType=D
efault&contextData=(sc.Default)&firstPage=true
 National Civil Code 2074
 https://www.lawimperial.com/overview-of-family-law-in-nepal-family-lawye
rs-in-nepal/