The Constitution 2072 does not regulate the family directly — it sets the equality architecture within which all family law must operate (a full treatment in LAW 304, Unit 1): Provision Command Family-law effect Art 18 (1)– (3) Equal protection; no discrimination by sex, caste, origin Every family-law rule must be gender-neutral (Art 18(5): no discrimination by "descent, caste, community, sex..." in application of general law) Art 18 (5) No gender-based discrimination in application of laws The axe beneath discriminatory family rules Art 38 (1) Women's equal lineage right (right to family lineage independent of gender) Daughter's equal status in the joint family Art 38 (6) "Both the spouses shall have equal rights in property and family affairs" The constitutional text the Code 2074 implements Art 39 Rights of children — identity, name, nationality; protection from abuse; best interest Custody, adoption, maintenance read through the child's rights Art 39 (8) Child-friendly justice The family-court design (Unit 10) Art 42 Right to social justice — inclusion The recognition frontier for sexual minorities (Unit 2) Art 217 + Part 17 Local-level judicial committees Family disputes' first forum (Units 4, 10) Exam framing: family law's constitutionalization means the old "personal law is beyond review"
idea is dead — every Muluki Ain and Code provision now answers to Articles 18 and 38, and the Supreme Court has used that leverage repeatedly (Dhungana; the marital-rape ruling of 2058; the 2021 adultery decriminalization).