KATHMANDU: Jaya Pandey Shah - former prince late Dhirendra Shah’s second wife - knocked on the court’s door yesterday seeking a share of the ex-prince’s property.
But her case prompted a state of confusion since the country’s legal provision does not recognise the persons in the non-formalised relationship as the claimants of the property.
Legal eagles have cast doubts whether she would be able to get the property of the ex-prince. No 8 of Partition of Property Chapter of the Country’s Code (Muluki Ain), 1963 prohibits sharing of property to non-formalised relations and kids after the death of the person in question.
“The existing provision related to non-formalised relations cannot function in this modern time,” prominent legal expert Lokbhakta Rana told The Himalayan Times. “Such a provision, which allows men to keep women in non-formalised relationship, cannot be suitable in this age ,” he added. Advocate Nagendra Bahadur Karki, however, expressed doubt on her claim. “How can she demand the property nine years after her husband’s death? “ he questioned. “She was silent till the time the ex-prince was alive.” Karki, said that she could not stake claim on the ex-prince’s property until she could prove her relationship as wife.
However, Jaya’s legal counsel Surya KC claimed that she had rightful
demand since Dhirendra had formally married her
in Dakshinkali Temple
and also organised a
ceremony in the pashni (rice-feeding ceremony) of daughter Shreya.
“She is a formal wife of Dhirendra though public may not know about it,” KC added. “Since she is a formal wife, she has a complete right in the property of the former prince,” KC argued. According to him, she did not file the case earlier as since the former royal family members were above law then.