Supreme Court Overturns Law on Widows' Property Rights

Kathmandu. The Supreme Court has overturned Section 214(2) of the Civil Code, 2074 BS. The court quashed the controversial legal provision after hearing a writ petition arguing that the provision was contrary to the right to equality mentioned in the constitution.

The constitutional bench comprising Acting Chief Justice of the Supreme Court Sapana Pradhan Malla, and Justices Kumar Regmi, Hari Prasad Phuyal, Manoj Kumar Sharma, and Nahakul Subedi has overturned Section 214(2) of the Civil Code, 2074 BS.

The Supreme Court issued such a verdict on a writ filed by senior advocate Meera Dhungana and others on behalf of the Women's Law Development Forum. Section 214(2) of the Civil Code, 2074 BS, stipulated that if a widow remarried, the property she received as inheritance would be taken by the children from her previous marriage if any, and if not, by the widow herself.

Now, any single woman will be able to take the property she received as inheritance with her. Previously, if a single woman had children, she was not allowed to take the property of her former husband. With the removal of that provision, women will no longer have to return the inheritance they received.

(*The title and news previously published by mistake have been corrected - Editor)