Dinesh Wins Three Cases After Two Years of Struggle

Dinesh Mandal, a person with a disability, faced discrimination from his own family for years. However, after a long legal battle, he finally won three cases—property partition, fraud, and revocation of a gift deed—at the District Court of Dhanusha. He fought these cases against his father, elder brother, and niece.

A 38-year-old resident of Ward No. 6, Aurahi Rural Municipality, Dhanusha District, Madhesh Province, Dinesh has a physical disability categorized as “G” class. He has limited functional ability in his left hand and right leg.

Through interactions, discussions, and awareness campaigns under the “Include Us” project, implemented by NFDN Madhesh, including the distribution of IEC materials and community outreach via FM radio, Dinesh became aware of his rights. One day, around 11 a.m., he visited the Madhesh Province office of the National Federation of the Disabled Nepal (NFDN). Introducing himself, he shared his concerns:

“My name is Dinesh Kumar Mandal. I am a person with a disability. I read some pamphlets on disability rights, listened to radio programs, and heard from people about legal support. I have faced injustice myself, so I came here hoping for help with my problems.”

Exhausted and distressed, Dinesh was given some time to rest before sharing his struggles. He recounted his painful journey:

“Since childhood, I have endured discrimination, neglect, and humiliation from my own family. Unable to bear the mistreatment, I left home at the age of 7 or 8 and worked as a cattle herder in another household. Despite these hardships, I managed to complete my education up to SLC (School Leaving Certificate). As I grew older, I developed the courage to stand up for myself. After returning home, I lived separately in a cattle shed, got married, and have since been sustaining my family through livestock farming and agriculture.”

Dinesh revealed that he had never received his rightful share of his father’s property. Whenever he brought up the matter, his father and elder brother ignored his concerns. Later, he discovered that his brother had already transferred the property to his niece, Nibha, through a gift deed.

“When I questioned my brother about why he gifted the land to his daughter while denying me my rightful share, my brother, sister-in-law, and niece physically assaulted me and my family. I have endured both physical and mental abuse for years.”

After listening to Dinesh’s grievances, the organization assured him of their support. Before taking any action, they decided to verify his claims by consulting people from his village, social activists in the disability sector, and conducting inquiries via phone and in-person meetings. The investigation confirmed that Dinesh had indeed suffered injustice. Despite efforts from the local community and judicial committees, his brother’s arrogance and unwillingness to compromise had rendered social mediation ineffective.

Realizing the gravity of the situation, the organization’s leadership and staff deliberated and decided to involve legal experts. A lawyer was identified, and a coordinated consultation was arranged. During the meeting, the lawyer advised Dinesh on the legal procedures he needed to follow to seek justice.

Determined not to endure oppression any longer, Dinesh made a firm decision: “No matter the difficulties, I will fight my case through the legal system.”

Following this decision, three cases were filed against his family:

1. Partition claim against his father for not granting him his share of the ancestral property.
2. Fraud case against his brother for unlawfully transferring family property.
3. Revocation of the gift deed against his niece.

On Mangsir 4, 2079 (November 20, 2022), with the help of the lawyer, the cases were officially registered at the District Court of Dhanusha.

Although his brother contested the fraud case, no counterclaims were filed within the legal timeframe for the other two cases. Meanwhile, Dinesh faced constant pressure to withdraw the cases, but he stood firm. With no response from the opposing party, it became almost certain that he would win by default.

Despite his determination, the legal battle was not easy. Over two years, Dinesh had to attend court 27 times, incurring costs for travel, legal fees, and other expenses. Being a person with a disability and from an economically disadvantaged background, securing loans was extremely difficult. While his community expressed sympathy, lenders saw him as a financial risk. Recognizing his financial struggles, NFDN Madhesh under  “Include Us” project provided him with financial assistance to cover his legal expenses.

After two years of perseverance, Dinesh finally won all three cases. The District Court of Dhanusha has scheduled the final verdict to be issued on Asoj 5, 2081 (September 21, 2024). Once the full decision is released, law enforcement officials will ensure that the ruling is implemented, granting Dinesh his rightful share of the property.

This success story is just one of many examples of how the “Include Us” project has helped persons with disabilities access justice. Through legal aid, community coordination, and unwavering determination, Dinesh’s case serves as an inspiration for others facing similar struggles.