Court Marriage in Nepal: New Marriage Registration Process

Marriage Registration in Nepal can be completed either through the Court or through Ward Office.

If a man and a woman accept each other as husband and wife through a celebration, ceremony, formal or other act, a marriage shall be deemed to have been concluded. The legal provisions and procedures related to Court marriage in Nepal are mentioned under Section 77 to Section 92 of the Civil Code, 2017.

Features of Marriage Law in Nepal

• Marriage is a permanent, inviolable, social and legal bond based on free consent;
• Every person shall have the freedom to marry under the rule of law;
• No one shall conclude marriage by misrepresentation;
• Both man and woman should have attained 20 years of age;
• Marriage must be made public, irrespective of how the marriage has been concluded;
• The husband and wife must register their marriage before the designated authority according to the law.

Marriage Registration in Nepal

The prevailing laws of Nepal provides legal recognition to following types of marriage and marriage registration in Nepal. Court Marriage in Nepal requires the presence of Husband and Wife along with Witnesses and Legal Professionals. Court Marriage Process in Nepal is a lengthy Process and takes a week or less.

Marriage By Social Tradition

After the marriage is completed according to social tradition, the marriage should be registered in the relevant ward office and a certificate of marriage registration should be obtained.

Marriage by Registration (Court)

Man and women who do not want to get married according to social tradition, can legally get married through registration, also known as Court Marriage in Nepal. The necessary documents for getting married through registration are as follows:

Marriage By Registration in Foreign Country

According to Section 77 and Section 78 of the Civil Code, 2017, if Nepali citizens living outside Nepal are interested in getting married, they must submit an application to the Embassy or Consulate General. For this, the applicants must have stayed in the country where the embassy or consulate general is located for at least 15 days. After the marriage, they must translate the marriage document and register it in the local ward office of Nepal.

Conclusion and Termination of Marriage

Every person has the freedom to marry, but if it is proven that a woman conceives and gives birth to a child through physical contact with a man, then it is automatically considered as Court Marriage in Nepal marriage between them. This provision shall not apply to the following condition:

• A woman conceives and gives birth to a child due to coercion/rape;
• If a woman conceives and gives birth to a child through physical contact with a male relative; which is punishable by incest, except for a marriage which is permissible according to caste, community, clan or culture;
• If there exists a polygamous relationship;
• If male and female are under twenty years of age. In any of the following circumstances, the matrimonial relationship between the husband and the wife shall be deemed to have been terminated:
• If marriage is annulled;
• If marriage is dissolved according to law between husband and wife;
• If the wife concludes another marriage before effecting divorce pursuant to law.

Void and Voidable Marriage

Void Marriage in Nepal

According to Section 72 of the Civil Code, 2017, the marriage shall be ipso facto void if:

• A marriage concluded without the consent of the man or woman;
• A marriage concluded between relatives, which is punishable by incest,except for a marriage that is permissible according to caste, community, clan or culture;
• If both man and woman haven’t attained the age of twenty years;
• Another marriage concluded by a man or a woman while their marital relationship continues, except when the husband and wife are living separately after obtaining a partition share, according to law.

Voidable Marriage in Nepal

In accordance with Section 73 of the Civil Code, 2017 a person who is aggrieved by any of the following circumstances mentioned in Section 71 can get the marriage annulled and claim reasonable compensation :

• One who has contracted human immuno deficiency virus (HIV) or Hepatitis ‘B’ or similar other incurable severe diseases;
• One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability;
• One who is dumb or has lost hearing capacity, is fully blind or is suffering from leprosy;
• One who is of unsound mind;
• One who is already a married;
• One who is a pregnant;
• One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same.

However, if the woman becomes pregnant as a result of the marriage or if a child is born from her, the marriage can be annulled only with her consent.

Consequences of Marriage in Nepal

• Husband and wife must have mutual love and good faith
• Husband and wife must establish and spend conjugal life living together, except otherwise arranged through mutual understanding;
• The husband’s home shall be considered to be the wife’s residence;
• Except otherwise provided, in the law or where there is a legal dispute between the husband and wife, the husband and wife shall be considered as each other’s agent in the general household affairs;
• Husband and wife shall provide maintenance cost and health care to each other according to their reputation and capacity;
• Husband and wife living together shall manage the household affairs by mutual consent according to their property, income and capacity;
• Husband or wife or any member of the family shall not preclude each other from exercising a profession, business or occupation of their respective skill, qualification or ability.
• A married woman may, after marriage, use the surname used by her father or mother or the surname of her husband or both surnames. If the marriage relationship ends, she can use her father’s surname if she wants.

Conclusion

Court Marriage in Nepal isn’t considered to be a social and ritualistic Process. The majority of the Marriages concluded in Nepal are carried out through Traditional Religious Rituals. However, they may remain unregistered. Hence, after the completion of Marriage, the married Couple must register their Marriage to the respective Ward Office. However, for Court Marriage in Nepal, one is required to file a petition to the District Court.

Questions on Court Marriage Nepal

What are the Requirements for Court Marriage in Nepal?

The General Requirements for Court Marriage in Nepal are:

1. Submission of Application and Deed of Consent

2. Previously Unmarried and Both above the age of 20 years

3. Verification of Residence in Nepal for over 15 Days

4. Presence in the Court

How long does it take to register Marriage in Nepal?

For Nepalese Citizens, Court Marriage can take up to 7 Days from Planning to Completion. However, for Foreign Citizens, it takes upto 3 Weeks after the Verification of Residence

Is Online Marriage Legal in Nepal?

Nepal hasn’t initiated Online Marriage Registration as of the latest Information. However, one can hire marriage registration lawyers online and complete most of the Processes online and be present at Court to complete rest of the Procedures.

How is Marriage Done in Nepal?

Marriage is done through Two Major Processes in Nepal: 1. Marriage by Religion or Traditional Method 2. Marriage by Law or Court Marriage

How can I register my Marriage Certificate in Nepal?

If you have married by Traditional (Ceremonial) Method, then, you can register Marriage Certificate in Ward Office. However, for Court Marriage, a District Court usually issues Marriage Certificate.