16
Jayanti Shikari (Khanal)
vs
Government of Nepal
Chaitra 22, 2072 (4th April, 2016)
Supreme Court
Division Bench
Honorable Justice Gopal Parajuli
Honorable Justice Govinda Kumar Upadhyaya
Order
071-WO-1025
Subject: Mandamus et al
Jayanti Shikari (Khanal), daughter of Guna Bahadur Shikari, wife of Badri Prasad Khanal, a
resident of ward No 4 of Kathmandu Metropolis of Kathmandu district ..............................1
Gopal Khanal son of Badri Prasad Khanal and Jayanti Khanal, a resident of ward No 12
of Kathmandu Metropolis of Kathmandu district ...................................................................1
Applicant
Vs.
Nepal Government, Office of Prime Minister and Council of Ministers, Singhadurbar
Kathmandu ..................................................................................................................................1
Nepal Government Ministry of Home, Singhadurbar,Kathmandu ........................................1
Nepal Government Ministry of Federal Affairs and Local Development Singhadurbar,
Kathmandu..................................................................................................................................1
Nepal Government Ministry of Law, Justice, Constituent Assembly and Parliamentary
Affairs, Singhadurbar Kathmandu ............................................................................................1
Opponent
Nepal Government, Ministry of Women, Children and Social Affairs, Singhadurbar,
Kathmandu .................................................................................................................................1
Office of District Administration Office, Kathmandu……………………………....................1
Office of Ward No. 4 of Kathmandu Metropolis .....................................................................1
Office of Ward No. 1 of Hetaunda Municipality .....................................................................1
Brief fact and decision 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:
to District Administration Office to enquire for the
sake of making citizenship of the son, I received
information that replica copy of the father’s
citizenship along with the recommendation of
the Ward, and that father should come otherwise
citizenship could not be provided.
I, Jayanti Shikari, among us petitioners, was married
to Badri Prasad Khanal, who has the
house at
K.M.C., Ward No. 4 as a second wife and petitioner
son, Gopal Khanal, was born on date 2051/8/1
(November 17, 1994 A.D.) from our conjugal
relationship. My husband, Badri Prasad Khanal,
went away from our contact towards 2054 B.S.
(1997/98 A.D.), and has not come back yet. I, single
mother, have been accomplishing responsibility
including nurturing and educating the minor
son; and even after completing the age, his father
has not remained in contact; hence, upon going
The father of the petitioner, Gopal Khanal, has
not been in our contact; hence, upon enquiring
regarding other alternatives to make citizenship of
the son, knowing that citizenship could be made
by mother’s name as well; when I tried for its sake, I
was informed that the son had to obtain citizenship
from which the citizenship of mine, Jayanti, was
issued. My citizenship was issued from Makwanpur;
hence when I started process to obtain citizenship
by going to Makwanpur, Ward Office did not agree
108
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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