be issued to the opponent, the Office of Ward No. 3
of Lalitpur Sub-Metropolitan City, stating to register
or get the daughter’s birth registered under the
name of mine, the petitioner’s. Interim order also
should be issued on the name of District Education
Office, Kanibahal, Lalitpur, stating to accept without
disapproving the SLC form of daughter, Nikita,
despite having no birth registration. The writ
petition reads as above.
of the Act can be done under the right of the
Government of Nepal to release the restriction.
Without going towards this common remedy, the
writ petitioner has come to the esteemed Court
by bringing the writ petition along; hence, there
is no condition to issue the order as per claim. As
per legal provision, in the situation that even the
opponent herself has accepted that there are legal
restrictions and hurdles while registering the birth
of those like the petitioner’s, no action of affecting
any constitutional right of the opponent has been
committed by this Lalitpur Sub- Metropolitan
City; hence, writ petition should be revoked. Joint
affidavit submitted on behalf of the Office of Ward
No. 3 of Lalitpur Municipality and on behalf of the
Office of Lalitpur Sub- Metropolitan City reads as
above.
Preliminary order of the Court:
Issue summon notice on the names of the opponents,
stating that if order is not supposed to be issued as
per the claim of the petitioner, submit the affidavit
within 15 days, mentioning the base and evidence
of this, excluding the time limit of the traveling after
the date of this order received. To deprive a studying
examinee of the opportunity of the examinations
is not justifiable; hence, interim order has been
issued in the names of the opponents, stating not
to implement or get the letter of District Education
Office of the date of 2071/3/19 (July 3, 2014 A.D.)
implemented. Order of 2071/3/24 (July 8, 2014 A.D.)
reads as above.
Mandamus has been issued from the Supreme
Court, stating not to refuse the registration of the
birth in connection to the children with father’s
whereabouts not known, and as per it, by making
amendment in Section (A) of Clause 4 of Birth,
Death and Other Personal Events (Registration) Act,
2063, Act to Amend Some Nepal Acts to Maintain
Gender Equality, 2063, provision is found to have
been made by the Ministry of Federal Affairs and
Local Development that the head of the family has
to inform, a person of the family having age can get
the birth and death registered by being informant
in this/her absence, and mother of the children
whose father’s whereabouts not known can register
the birth by becoming the mother the informant by
writing description that whereabouts of the father
are not known in the Chapter of the father’s details
of the Birth Registration Information Form. Hence,
the issue claimed by the opponent petitioner as per
that has been the issue already addressed by the
esteemed Court; hence, the order is not supposed
to be issued on the same issue again. Affidavit of
the Ministry of Women, Children and Social Welfare
reads as above.
The writ petitioner has not come up to the Office of
Ward No. 3 of this Lalitpur Sub-Metropolitan city.
There is the situation that she neither has come to
demand any notice and information nor has she
filled up birth registration form; the petitioner’s
description of the writ petition is not right.
On the basis of Birth, Death and Other Personal
Events (Registration) Act, 2033 and Birth, Death
and Other Personal Events (Registration) Rule,
2034 and of the Directives on the Registration of
Personal Events, 2067, given to Local Registrars by
Local Development Ministry and of the circulars
issued from time to time, registering the individual
incidents is the legal duty of the Local Registration
Officer. The opponent has not yet submitted to this
Office by filling up the prescribed form. As per the
petition of the writ petitioner, if there are conditions
that her daughter, Nikita, was born due to accident;
father’s whereabouts have not been known;
father’s nationality has not been known; even if the
nationality is known, whether citizenship has been
obtained or not has not been known and so on, in
the situation that application has been furnished to
the Local Body concerned mentioning as per that,
for the passage on what and how the Local Registrar
can register the birth of such child, there is a way in
the Act that the writ petitioner can get the remedy
as per the decision of the Government of Nepal
as well by making demand for the opinion and
directives from the Chief Registrar appointed under
Clause 3 of Birth, Death and Other Personal Events
(Registration) Act, 2033. As per Clause 16 of Birth,
Death and Other Personal Events (Registration) Act,
2033, there is also a situation that implementation
This Ministry is not supposed to be made an
opponent on the issue that local body has not
registered the birth of the daughter of the writ
petitioner. Affidavit of Home Ministry reads as
above.
In order to register the birth of the children with
father’s whereabouts not known, circulars have
been sent to all the local bodies on date 2062/10/13
(January 26, 2006 A.D.) so that they can register
the incident of birth by becoming mother the
informant, mentioning the description that address
is not available in the Chapter of father’s details of
the birth information form, and births are being
registered as per that. Similarly, circular was already
issued on date 2067/6/14 (September 30, 2010 A.D.)
by this Ministry on the issue of registering the birth
of the child born in a foreign country, whose father
72
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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