Introduction

Marriage, in legal terms, refers to the formal union of two individuals as spouses in a legally recognized relationship. It is a consensual and contractual relationship governed by laws, customs, and obligations that regulate the rights and duties of the parties involved. Marriage in Nepal is regulated under specific legal provisions to ensure its validity and compliance with national laws.

Key Elements of Marriage:

• Legal eligibility of the parties.
• Mutual consent.
• A legally required marriage contract or procedure.

This article outlines the marriage registration procedure and related legal frameworks in Nepal.

Governing Law

The primary legal framework governing marriage in Nepal is:

• National Civil Code, 2074 (2017)

Part 3: Family Law
Chapter 1: Provisions Relating to Marriage (Sections 67–84)

Eligibility Criteria for Marriage

As per Section 70 of the National Civil Code, 2074 (2017), the following conditions must be fulfilled:

• Mutual consent between the man and woman.
• Both parties should not be relatives punishable under the law for incest.
• Both must be unmarried or legally divorced at the time of registration.
• Both parties must have completed 20 years of age.

Grounds Where Marriage Cannot Be Concluded (Section 71):

Marriage is prohibited if:

• Either party is infected with HIV or an incurable disease.
• Either party lacks reproductive capacity or is incapable of marriage due to physical or mental disability.
• Either party is of unsound mind, already married, or below the age of 20.
• Either party has been convicted of a criminal offense.

Types of Marriage

Void Marriage

Under Section 72, a void marriage is considered invalid from the beginning (ab initio) if:

• It is concluded without consent.
• It involves incest or violates legal prohibitions.

Voidable Marriage

Per Section 73, a marriage can be annulled on specific grounds, such as:

• Non-fulfillment of legal eligibility criteria.
• Marriage conducted under fraud or duress.

Marriage Registration Procedures

Court Marriage

The process for court marriage is as follows:

• Obtain a recommendation letter from the local ward office certifying the unmarried status or divorce of both individuals.
• File an application at the concerned District Court in any of the 77 districts.
• Apply for marriage registration within 30 days of receiving the recommendation letter.
• Submit required documents for examination by the court.
• Upon approval, both parties and their witnesses must appear before the court to receive the marriage certificate.

Timeframe: 2–3 days for completion.

Court Marriage for Foreign Nationals

The procedure for foreign nationals is similar but includes additional steps:

• Obtain a single-status or divorce verification letter from their embassy or respective government authority (translated and notarized).
• Reside in Nepal for at least 15 days before applying.
• Receive a temporary residency document from the ward office after a 15-day stay.
• Submit the required documents to the court.

Timeframe: At least 15 days for residency and an additional 2–3 days for court procedures.

Documents Required for Court Marriage

For Nepali Citizens:

• Notarized citizenship certificates of both individuals.
• Recommendation letter from the ward office certifying single/divorce status.
• Citizenship certificates of two witnesses.
• Temporary residence document (if outside the district of citizenship issuance).
• Four passport-size photos of both individuals.

For Foreign Nationals:

• Single-status/divorce certificate verified by their government or embassy.
• Temporary residence document from the local ward office in Nepal.
• Translated and notarized marriage law of their country.

Marriage Registration Certificate

A marriage registration certificate is issued in Nepal based on the following grounds:

• Marriage registration through the court.
• Registration at the local government office after a religious or social ceremony.
• Registration through the Embassy of Nepal in a foreign jurisdiction.

The certificate is generally issued within 7 days of completing the registration process.

Grounds for Re-marriage

Section 83 of the National Civil Code, 2074 (2017), allows for re-marriage under these circumstances:

• Death of a spouse.
• Legal separation or divorce.
• Termination of marriage by law.

Key Considerations

Timeline for Filing a Lawsuit

Under Section 84, lawsuits regarding illegal marriages must be filed within 3 months of the act.

Marriage for Foreign Nationals

Foreign nationals should ensure compliance with additional residency and document requirements for marriage in Nepal.

Disclaimer

This information is provided for general informational purposes only and does not constitute legal advice. For specific legal advice or assistance with marriage registration in Nepal, consult with our qualified legal professionals. Contact us today to ensure you navigate the legal process smoothly and effectively.