1. Background of Muluki Civil (Sahita) Act, 2074

The Muluki Civil (Sahita) Act, 2074 was passed by the Parliament of Nepal and came into effect on Bhadra 1, 2075 (August 17, 2018). It is one of five major codes introduced simultaneously under Nepal’s broader legal reform process, alongside the Criminal Code, Criminal Procedure Code, Civil Procedure Code, and Sentencing Act.

Why the Reform Was Necessary

• Outdated provisions of the previous Muluki Ain lacked clarity and conflicted with constitutional rights.

• The need for alignment with the 2015 Constitution of Nepal, which recognizes equality, dignity, and the rule of law.

• Simplifying access to justice and ensuring uniformity in civil matters.

2. Structural Overview of Muluki Civil Code 2074

The code is divided into 7 major parts (sections), covering over 600 articles, including:

1. General Provisions

2. Family Law (Marriage, Divorce, Adoption, Maintenance)

3. Property and Inheritance

4. Obligations and Contracts

5. Torts and Compensation

6. Limitation and Expiry

7. Miscellaneous and Final Provisions

3. Major Features of Muluki Civil Code 2074

A. Codification of Civil Rights and Obligations

• Defines the legal rights and obligations of individuals in civil society.

• Emphasizes freedom of contract, privacy, and non-discrimination.

B. Equality in Marriage and Divorce

• Recognizes equal rights of husband and wife in marriage.

• Grounds for divorce are gender-neutral and include mutual consent, desertion, cruelty, and mental illness.

• Child custody decisions now prioritize child welfare over gender biases.

C. Legal Recognition of Customary Laws

• Allows for the application of customary practices, provided they do not contradict the Constitution or the Code.

• Acknowledges ethnic, religious, and community-specific customs, especially in marriage and inheritance.

D. Gender Equality in Property Rights

• Sons and daughters have equal inheritance rights from parents.

• A married woman can claim her share in property before or after divorce.

• Widows and unmarried daughters are explicitly protected.

E. Stronger Adoption & Guardianship Provisions

• Lays out clear procedures for both national and inter-country adoption.

• Establishes duties and limitations of guardians, with judicial oversight.

F. Modernized Contract Law

• Valid contracts must fulfill: consent, lawful objective, competency, and consideration.

• Defines contracts like sale, lease, mortgage, agency, guarantee, and bailment.

• Recognizes digital agreements, though interpretation remains traditional in courts.

G. Defined Torts and Remedies

• Victims of wrongful acts (torts) are entitled to compensation for bodily harm, property damage, or defamation.

• Introduces the idea of civil liability for personal or professional negligence.

H. Time Limits (Limitation) for Filing Civil Cases

• Specific time frames are set for filing cases related to contracts, property disputes, family matters, etc.

• Delays beyond the limitation period can lead to dismissal.

I. Maintenance and Support Rights

• The Code mandates financial maintenance for:

  • Spouses post-divorce

  • Children and parents

  • Dependents and disabled family members.

4. Comparison with the Previous Muluki Ain

5. Impact on Nepali Society

Empowerment of Women and Minorities

• Equal property rights and divorce provisions have empowered women, especially in rural areas.

• Protects Dalits and marginalized communities by reinforcing non-discrimination.

Clarity for Judiciary and Legal Practitioners

• Judges, lawyers, and litigants now operate within well-defined civil rules, reducing arbitrary decisions.

Social Harmony

• By legalizing many informal customs (e.g., customary marriage), the Act reduces legal confusion and helps preserve cultural identity.

6. Challenges in Implementation

Despite its progressive outlook, the Code faces implementation gaps:

• Low legal awareness, especially in rural areas.

• Resistance from conservative groups, particularly regarding women’s rights.

• Judicial delays and lack of digitization in civil case management.

7. Conclusion

The Muluki Civil Code 2074 is a foundational legal reform that brings Nepal’s civil justice system in line with modern constitutional values. By codifying clear rights, obligations, and protections, the Code promotes gender justice, legal clarity, and societal fairness. However, successful implementation depends on legal awareness, institutional reform, and social change.

Whether you’re a legal professional, student, policymaker, or citizen—understanding the features of the Muluki Civil (Sahita) Act, 2074 is essential for navigating today’s civil legal landscape in Nepal.