Nepal’s Supreme Court, the apex judicial body, has annulled a legal provision that compelled widowed women to forfeit property received from their former husband if they remarry. The Constitutional Bench of the Supreme Court declared Section 214(2) of the Muluki Civil Code, 2074, unconstitutional, rendering it invalid from its inception.
The landmark decision was made on May 4, 2026, and the full text of the verdict has now been released. Experts in the field have called this ruling a significant step forward for gender justice and women’s rights in Nepal.
Landmark Ruling for Women’s Rights
The annulled provision stipulated that if a widowed woman remarried, the property she had received as her share from her former husband would go to his children, or to herself if there were no children from the previous marriage. This provision was challenged by a writ petition filed by Advocate Mira Dhungana on behalf of the Women, Law and Development Forum (FWLD), a legal advocacy group, and the Single Women’s Group, whose founder president is Lily Hujur Basnyat (Thapa). Manisha Poudel and Pushpa Poudel were also among the petitioners.
The petitioners argued that the provision was discriminatory because no such restriction applied to men who remarry after losing their wives. They contended that it violated fundamental rights enshrined in the Constitution, including the right to equality (Article 18), the right to property (Article 25), and the right to live with dignity (Article 16).
The five-member Constitutional Bench, comprising then-acting Chief Justice Sapana Pradhan Malla and Justices Kumar Regmi, Hari Prasad Phuyal, Dr. Manoj Kumar Sharma, and Dr. Nahakul Subedi, sided with the petitioners. The court affirmed that the right to property is an inherent and absolute ownership right, not a favor or donation from the state or an individual.
It stressed that once property is legally acquired, the individual maintains absolute and uninterrupted ownership, and forcing its return due to a change in marital status constitutes an attack on constitutional property rights.
Court Rejects ‘Legislative Wisdom’ Argument
The Attorney General’s Office, the legal advisor to the government and parliament, had argued for the provision’s retention based on ‘legislative wisdom.’ They claimed the law aimed to ensure the financial security of children from the previous marriage, mitigate the risk of them becoming parentless, and prevent double inheritance.
However, the Supreme Court rejected this argument, stating that Section 214(2) of the Muluki Civil Code was contrary to Nepal’s Constitution and international human rights law.
The court’s verdict highlighted that legislative wisdom, while important in lawmaking, is not unlimited and cannot infringe upon fundamental rights. The bench concluded that the legislature had retrogressively curtailed rights, weakening women further by reducing previously acquired entitlements, which was deemed unacceptable.
Path Forward for Legal Reform
Experts in the field have called this decision a milestone in promoting women’s autonomy over property and shifting societal perceptions towards widowed women. It reinforces that property rights cannot be discriminated against based on gender or marital status, strengthening women’s personal freedom and right to live with dignity.
The Supreme Court’s Constitutional Bench ruling is final. Consequently, the Ministry of Law, Justice and Parliamentary Affairs must now amend or repeal Section 214(2) of the Muluki Civil Code, 2074, in line with the court’s decision. However, no specific timeline has been set for the formal amendment or repeal of this legal provision.
