Photo: Pixabay Kathmandu, October 6 The Supreme Court has scrapped a legal provi

From Onlinekhabar English

Photo: Pixabay Kathmandu, October 6 The Supreme Court has scrapped a legal provision requiring a widow to return property inherited from her deceased husband if she remarries. A Constitutional Bench struck down Sub-section 2 of Section 214 of the National Civil Code, 2017, following a writ petition filed by three organisations, including the Forum for Women, Law and Development (FWLD). The provision stated that if a widow remarried, property she had received as her share from her deceased husband’s estate would go to her children from the previous marriage or, in the absence of such children, remain with her. The bench comprising then Acting Chief Justice Sapana Pradhan Malla and Justices Kumar Regmi, Hari Phuyal, Dr Manoj Kumar Sharma and Dr Nahakul Subedi scrapped the provision on May 4. The petitioners argued that the provision curtailed rights previously guaranteed to widows under the existing law on partition of property. The Supreme Court examined the provision against constitutional guarantees of the right to live with dignity, equality and property rights under Articles 16, 18 and 25 of the Constitution.