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Second marriage commonly known in Nepal as Bahu Bibaha remains one of the most sensitive and legally complex issues under Nepali family law. Although society has evolved, the legal framework is still strict and deeply influenced by long-standing protections for spouses, families, and social stability. Understanding the exact legal provisions is crucial so individuals don’t accidentally walk into a punishable offense.
This guide breaks down everything you need to know about second marriage laws in Nepal in 2025, based entirely on the National Civil Code 2017 and updated legal interpretations.
What Exactly Is Second Marriage (Bahu Bibaha) Under Nepali Law?
Nepali law defines second marriage as entering into a marital relationship with another person while your first, legally valid marriage is still intact.
If the first marriage has not been dissolved by the court or legally nullified, any additional marriage automatically becomes illegal.
Under Section 175–182 of the National Civil (Code) Act 2017, Bahu Bibaha is categorized as a criminal offense, not just a civil wrongdoing.
This means:
It is punishable by imprisonment,
The marriage becomes void,
And the victim spouse is entitled to legal remedies.
When Is Second Marriage Considered Legal in Nepal?
Second marriage becomes legal only under specific legal conditions:
1. When a court has issued a divorce order
- Without a court-issued divorce decree, remarriage is not valid. Separation without legal divorce does not allow remarriage.
2. When a spouse has been missing for 3+ years
If a spouse has been missing for more than three years, and the court legally declares the person missing or presumed dead, the other spouse may remarry.
3. When the spouse is medically proven incapable of marital responsibilities
- If a spouse is diagnosed with severe mental or physical conditions that prevent them from fulfilling marital duties, and the court rules accordingly, remarriage may be permitted.
4. When specific criminal offenses by the spouse justify remarriage
- Certain crimes committed by a spouse such as violence, sexual offenses, or bigamy may legally justify remarriage after the court’s decision.
- Outside these strictly defined conditions, any second marriage is illegal.
Penalties for Illegal Second Marriage (Bahu Bibaha) in Nepal
The law takes Bahu Bibaha seriously to protect spouses from fraud and exploitation. The penalties are clearly outlined:
1. Imprisonment
A person convicted of illegal second marriage may face:
Up to 5 years of imprisonment
2. Fines
A fine of up to:
Rs. 50,000
can be imposed depending on the severity and circumstances.
3. Invalidation of the second marriage
The marriage conducted illegally is considered:
Void by law (अवैध)
meaning it has no legal standing from day one.
4. Punishment for supporters
Priests, witnesses, or individuals who help conduct or arrange the illegal marriage can also be held accountable for abetment.
Rights of the First Spouse Under Bahu Bibaha Law
Nepali law strongly protects the spouse who suffers from illegal second marriage. They may legally claim:
- Compensation for emotional, social, and financial harm
- Property rights and financial support
- Right to file for immediate divorce with additional benefits
- Right to lodge a criminal complaint against the offender
This ensures that the victim spouse is not left unprotected or financially insecure.
Status of Children Born from an Illegal Second Marriage
Nepali law ensures that children are not punished for their parents’ actions.
Even if the second marriage is void, children maintain full legal rights, including:
Right to citizenship
Right to inheritance
Social and legal recognition
The wrongdoing is on the parents, not the child.
Social Reality vs. Legal Reality
Despite modernization, many communities still follow traditional norms where multiple marriages or polygamous arrangements have existed historically. But 2025 Nepal operates under strict legal rules, and emotional or cultural justifications don’t override the law.
In cities and rural areas alike, police and courts treat Bahu Bibaha cases very seriously, especially when women face exploitation or abandonment.
Why Understanding Second Marriage Law Matters in 2025
With rising awareness, easier access to legal support, and fast-track divorce processes, more people are seeking clarity on second marriage rules. Mistakes in this area can lead to:
Criminal charges
Social damage
Financial penalties
Emotional trauma
Legal battles that last years
Knowing the law upfront is not just smart it protects your future.
Conclusion
Second marriage in Nepal is fully legal only when the first marriage is officially dissolved or falls under specific legal exceptions. Anything outside that boundary is considered Bahu Bibaha, a criminal act with serious penalties.
If you're considering remarriage, the safest approach is to:
Finalize your divorce legally,
Understand your rights and obligations,
And ensure your new marriage follows all legal requirements.
Nepal’s marriage laws exist to protect individuals from exploitation, polygamy, and marital fraud and standing on the right side of the law keeps your future secure.
Frequently Asked Questions
1) What is the new law for divorce in Nepal?
The Civil Code 2017 allows either spouse to file for divorce, strengthens women’s rights, and penalizes illegal second marriage.
2) What is the law for second marriage?
Second marriage is illegal unless the first marriage is dissolved through court or falls under special legal exceptions.
3) What are the laws around marriage in Nepal?
Marriage requires consent, age eligibility, no existing marriage, and registration. Both spouses have equal rights.
4) Can we kiss in public in Nepal?
Not illegal, but can be considered indecent depending on the situation. Social judgment is way stronger than the law.
Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.