S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Thousands of Nepali
people have been suffering
from lack of citizenship
across Nepal, a mandamus
order be issued in so as
to interpret their plight
also and let the order be
distributed as circular for
implementation to the
entire offices of Village
Development Committees,
Metropolitan City,
Sub-Metropolitan cities,
municipalities and their
relevant ward offices, via the
Ministry of Federal Affairs
and Local Development;
and to the all 75 District
Administration Offices
via the Ministry of Home
Affairs.
Citizenship Act, 2007 and Nepal Citizenship
Rules, 2007 at the earliest and in case the
petitioner applies for acquiring citizenship by
disclosing the name of his father and address
of mother, and if the mother attests to the
same at the office, then let the needful matters
be inquired and let a decision on awarding
citizenship be made forthwith by not depriving
the petitioner Rojan from Nepali citizenship
certificate just on the basis that he intended to
write the name of father and address of mother as
recorded on his birth registration certificate and
academic certificate.
Page
No.
24
071WO0710
29th August,
2016
Surendra
Poudel VS
Government
of Nepal
We were born in Nepal from
a Nepalese citizen mother,
we have been stateless
due to being deprived
of obtaining citizenship,
and are compelled to
be deprived of human
rights including the right
of identity and right of
nationality and right to
equality, and it has been
against the provision of
Article 8 (2) of Part 2 of
the Interim Constitution
of Nepal, 2063. hence,
order, command including
mandamus, whichever is
needed, should be issued
to provide citizenship
by mother’s name as per
law so as to interpret it in
connection to the victims
across the country like us.
It is justified that Usha Chhetri, the mother of
the petitioners, Surendra Paudel, Rusha Paudel
and Sujan Paudel, is a Nepalese citizen, and the
petitioners are seen to have been born in Nepal
from the Nepalese citizen, Usha Chhetri, and
they can obtain citizenship by mother’s name;
hence, it is decided that mandamus order shall
be issued on the name of Office of the Ward
No. 12 of Kathmandu Metropolitan City, not to
refuse to provide recommendation, saying that
father’s citizenship has not been submitted,
if the petitioners submit mother’s citizenship,
and on the name of the opponent, District
Administration Office, Kathmandu not to deprive
the petitioners of citizenship on the ground that
father’s certificate has not been submitted in
the situation that the petitioners have clearly
mentioned in the petition that they have been
residing at maternal uncle’s home and mother’s
citizenship has been submitted, and to provide
citizenship certificate as per claim.
153
25
071WO0990
1st
September,
2016
Mala Khadka
Ghimire VS
Government
of Nepal
Since the father has refused
to get the birth registered,
the birth of my daughter
was not registered order
and command including
mandamus, whichever is
needed, should be issued on
the name of the opponent,
the opponent the Office
of Himganga V.D.C. to
register or get the birth of
the daughter registered by
me, the applicant, being an
informant.
Since birth may be registered on the basis of the
description furnished by mother who provides
information even in the condition that the father
is not traced or refuses, in the present issue,
in case father’s name and address is clearly
mentioned, the adult mother may furnish
information in the absence of the chief person or
father of the family who is to provide information
as per Section 4 (1) (a) of Birth, Death and Other
Personal Events Registration Act, 2033, and
though the form filled up as per Section 5 of the
same Act could be registered by examining it, the
act or behavior of not registering the form as per
Schedule and refusing to register birth appears
as contrary to the legal provision and directives
mentioned.
Hence, from the analyzed basis and legal
provisions, condition seems that Nepali citizen
woman may register the births of her children
with the status of single mother as well, and in
159
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