that the Government of Nepal has not made
any discrimination to provide citizenship
for the Nepalese citizens like the petitioner.
For the sake of substantive right of obtaining
citizenship claimed by the petitioner, some
procedural processes also have to be fulfilled.
Without fulfilling process as per law, it is not
right to imply that to confer citizenship was
refused due to the disappearance of the father.
Hence, writ petition should be revoked.
9.
has never come to this Office of Ward No.
5 of K.M.C. to ask for the recommendation
for the sake of citizenship, and child’s birth
registration was needed for the sake of getting
citizenship; she has furnished application
without submitting it as well.
12. Upon looking into our constitutional provision
regarding citizenship, upon looking into our
constitutional provision regarding citizenship,
as per the provision made in Section (B) of
Sub-article 2 of Article 11 of the Constitution
of Nepal, provision is seen to have been made
that a person whose “father or mother” was a
citizen of Nepal at his or her birth shall be a
citizen of Nepal by descent. In Sub-clause (1)
of Clause 3 of Citizenship Act, 2063, provision is
seen to have been made that if a person’s “father
or mother” is a citizen of Nepal at the time of
his/her birth, such person shall be a citizen of
Nepal by descent.
Upon hearing the aforementioned pleading,
while considering towards the decision, is the
order as per petition claim supposed to be
issued in the present case or not? It appears
that decision is to be made on this issue.
10. Upon considering towards the decision,
pleading is seen to have been held, stating that
Kriti Thapa, of the petitioners, is the daughter of
Bishwa Nath Thapa, a resident of Rautahat, and
Kabita Thapa; that Kabita Thapa, the mother
of Kriti Thapa, held love marriage with Bishwa
Nath Thapa, a resident of Rautahat, at the age
of 15; after the birth of Kriti Thapa from that
marital relationship, saying that he would go to
work in the garment, the father, Bishwa Nath
Thapa, went away and then disappeared; he
has not been in contact since that time; and
presently she was adult; hence, upon requesting
for the recommendation to obtain citizenship
by mother’s name, the opponent, Kathmandu
district, K.M.C., Office of Ward No. 5 refused to
be provided with recommendation.
13. In the Constitution and the Act, the phrase
“father and mother” has been used, from this,
if any one of the father or mother is a Nepalese
citizen, it is seen that their child can obtain
Nepalese citizenship certificate as soon as
they are 16 years of age. Person concerned can
make a choice of either father’s or mother’s
name through which he/she wants to obtain
citizenship. There is the condition that this
Court has accepted this matter. (N.L.M. 2066
D.No. 8175 P. 1014) In this condition, it is not
right to ward off by telling her to submit the
father’s citizenship or go to inconvenient place
to obtain citizenship.
11. Upon looking into the replica copies of the
document evidence attached to the petition,
affidavit of Chief District Officer, Kathmandu
is found to have been attached, stating that
Kabita Thapa, the mother of Kriti Thapa, of
the petitioners, was born on 2037/3/30 (July
13, 1980 A.D.) in Kathmandu district, K.M.C.,
Ward No. 5 and on date 2062/8/7 (November
22, 2005 A.D.), citizenship certificate of C.C.No.
2023 was issued on her name from Kathmandu
District Administration Office, and from
the replica copy of the certificate of S.L.C.,
attached to the document file, it is seen that
the petitioner, Kriti Thapa, was born on date
2052/11/26 (March 9, 1996 A.D.). It is also seen
to have been mentioned in the writ petition
that an application was submitted to the
District Administration Office, Kathmandu on
date 2072/6/7 (September 24, 2015 A.D.) to get
citizenship by descent upon being identified
by mother. The petitioner has not furnished
application in this Office; and affidavit of Om
Prakash Paudel, administrative chief of the
K.M.C., Ward No. 5, of the date of 2072/11/19
(March 2, 2016 A.D.), stating that the petitioner
14. From the S.L.C. certificate, it is seen that the
petitioner was born in Nepal on date 2052/11/26
(March 9, 1996 A.D.), and the father had gone
to work in garment while the petitioner was
still an infant; then he did not return, but not
come in contact being disappeared, and when
application was submitted to obtain citizenship
by descent by mother’s name upon identifying
by the mother, the opponent refused to be
provided with recommendation and certificate
of citizenship saying citizenship had to be
obtained from the father’s name and address
and that the law of providing citizenship,,
without father, by mother’s name had not been
made yet.
15. So far as to the connection to the issue that
the petitioner’s father has been disappeared,
it is not right that daughter, Kriti Thapa, of the
applicants, cannot obtain citizenship simply
because the father has been disappeared, and
that Kabita Thapa, of the petitioners, cannot
provide her child, daughter, with citizenship
through her name. Upon looking through the
121
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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