18
Kriti Thapa
vs
Government of Nepal
Bhadra 13, 2073 (29th August, 2016)
Supreme Court,
Division Bench
Honorable Justice Dr. Aananda Mohan Bhattarai
Honorable Justice Prakash Man Singh Raut
Order
072-WO-0520
Subject: Mandamus et al
Kriti Thapa, a resident of Ward No 5 of Kathmandu Metropolis of Kathmandu district .........1
Kabita Thapa, a resident of Ward No 5 of Kathmandu Metropolis of Kathmandu district ......1
Petitioner
Vs.
Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar,
Kathmandu ......................................................................................................................................1
Nepal Government Ministry of Home, Singhadurbar, Kathmandu ...........................................1
Nepal Government District Administration Office, Babarmahal Kathmandu ..........................1
Office of ward No 5 of Kathmandu Metropolis of Kathmandu district ......................................1 Opponent
Brief fact and order of the present writ petition
that has been submitted by being fallen under the
jurisdiction of this Court as per Article 107 (2) of the
Interim Constitution of Nepal, 2063 are as follows:
1.
Kriti Thapa, became over 16 years of age,
citizenship was needed for the sake of getting
higher education; hence, when we went to the
Ward Office of Ward No 5 of K. D., K.M.C. on
date 2071/11/12 (February 24, 2015 A.D.) for
the sake of recommendation to get citizenship,
we were denied to be provided with the
recommendation, stating that citizenship could
be obtained from the name and address of the
father only; then, upon going to the District
Administration Office, when we informed of
our problems and the reply given to it by the
Ward Office, the District Administration Office
also returned us on date 2072/6/7 (September
24, 2015 A.D.), saying that law of providing
citizenship from the mother’s name and
address had not been made.
Of the petitioners, I, Kriti Thapa, and Kabita
Thapa, are the victims who have been deprived
of the right to obtain the citizenship and to
provide the citizenship through her name.
Of the petitioners, having love marriage of
the mother, Kabita Thapa, with Bishwa Nath
Thapa, a resident of Rautahat, in the month
of Jestha of the year 2052 B.S. (May/June,
1995/96 A.D.), daughter, Kriti, was born on
date 2052/11/26 (March 9, 1996 A.D.) from
that marital relationship. Since the month of
Paush of the year 2058 B.S. (December/January
2001/02 A.D.), when he went to the work in
garment, the father, Bishwa Nath Thapa, has not
returned. I, the mother Kabita Thapa, have been
taking up the responsibility to nurture, educate
the petitioner. Since she had got married at a
young age, she did not have citizenship nor
was her marriage registered. Upon deciding to
obtain citizenship, mother obtained citizenship
in 2061 B.S. (2004/05 A.D.) through her father’s
name from Kathmandu District Administration
Office. Of the petitioners, after the daughter,
Due to the situation that Kriti Thapa, of the
petitioners, has not been able to obtain
citizenship certificate through the mother,
Kabita Thapa, of the petitioners, she is
compelled to live in stateless condition and has
been deprived of many rights to be obtained
from the state due to not obtaining citizenship;
it has been against the provision that mother
can give identity by providing citizenship to
her children through her name as per Article
119
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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