Divorce case between Hark Sampang and Dilmaya

Kathmandu. Dilmaya Rai, the eldest wife of former mayor of Dharan and current member of the House of Representatives, Harka Sampang, has filed a corruption case claiming that he was beaten and thrown out of his house.

In the judgment, it was held that there was no evidence of division of shares between the plaintiff and the defendant as per the law and that the share in the property should be divided by maintaining five shares. In the available court documents, the name of the defendant is mentioned as Harka Raj Rai.

In the plaint filed on September 23, 2016, Dilmaya stated that Harkaraj had a love marriage on December 22, 1995 and they had a 17-year-old daughter, Alisha Rai. She had demanded the share saying that there was no partition between them as per the law and the property to be divided was in the name of the defendants.

In the complaint, Dilmaya has alleged that she used to quarrel and beat up her husband Harkaraj since the beginning of her marriage and that Harkaraj had an illicit relationship with another woman. She claimed that despite repeated complaints at the Area Police Office, the husband and wife were living together by looking at their daughter’s face.

But even after he returned from abroad, Hark Sampang maintained the same relationship and instead beat him up and created a situation where he would kill her. After reporting to the police again, Harkaraj beat her up and threw her out of the house saying ‘what should be done, where should you go, I will not let you stay at home, I will not allow you to eat’, she claimed that she was beaten up and thrown out of the house.

Dilmaya’s Dilmaya’s Four-Share-Seeking Five-Share

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Dilmaya had sought to divide the entire property of the defendants into four parts and divide one share from her husband’s share into three parts between her, husband Harkaraj and daughter Alisha and she should get a share of it.

However, the court has studied the relatives, genealogy and the evidence presented and established the five shares. In the verdict, it has been mentioned that Harka Raj Rai, his brothers Aashay Kumar Rai and Ekraj Rai, mother Jasamaya Rai and the eldest wife of the original man’s side Dhan Kumari Rai have five shares. The court said that there was no evidence that there was a formal division between them earlier.

The court had also studied the tenancy submitted by the defendants. The court concluded that even though the defendants had properties in their name, the shareholders were entitled to those properties.

The court also sought evidence in the claim of private earnings

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According to the lawsuit, the properties bearing plot number 395, 925 and 929 in the name of Aashya Kumar Rai were purchased from the money earned by working in the British Army.

However, the court said that there is no evidence to substantiate the claim that the money earned from the British Army was brought to Nepal and the properties were purchased. Therefore, there is no basis to exclude those properties from the partition.

Hark Sampang fails to provide evidence to refute Dilmaya’s claim

The court also considered Dilmaya’s claim that she was not allowed to eat. In the verdict, Harka Sampang has not been able to prove why she had to come to the court with a share case by making her husband a defendant if Harkaraj had allowed her to eat.

The court had also examined the statements of various persons. In the statement, it was mentioned that Harka Sampang, his brothers Aashay Kumar Rai and Ekraj Rai and Dhan Kumari Rai, wife of Kitab Singh Rai, were also five shareholders.

Excerpt from Hark Sampang to Dilmaya

The court has decided that the property should be divided into five parts. After this, one part of Hark Sampang’s share should be divided into three parts between Hark Sampang, Dilmaya and daughter Alyssa and one part of it should be given to Dilmaya.

In this way, Dilmaya’s share in the total share will be 1.15. That is, if Harkaraj’s share is 1÷5 out of the five shares, then the share of Harkaraj will be divided into three parts between Harkaraj, Dilmaya and Alisa, then Dilmaya’s share will be 1÷15.

The court ruled that the property in the registered register should be divided into five parts and the share of Dilmaya should be divided accordingly and the share of Dilmaya should be kept from Hark Sampang’s share.