Marriage is a legal or, formal way of establishing a relationship between two individuals as married partners. In the case of Nepal, the Civil Code and Civil Procedure Act 2017 have stated provisions for marriage.

As per the civil code, when two individuals accept each other as husband and wife through any religious occasion, formal ceremony, or act, it shall be regarded as marriage. In the case of Nepal, a couple can establish a legal relationship (Marriage) by fulfilling mentioned conditions:

  • The couple agrees to accept each other as husband and wife,
  • If the man and woman are not relatives (apart from certain exceptions marriage within relatives is punishable by the law of incest),
  • If the matrimonial relationship of both man and woman is not pre-existent (punishable under laws relating to group marriages i.e. polygamy, apart from certain exceptions),,
  • If both man and woman have attained an age of 20 years.

Furthermore, husband and wife who have already performed marriage by following their specific religious ritual shall have to get their marriage registered with the concerned authority. However, if the couple desires to solemnize a marriage by registration, they shall have to file an application before the concerned district court, if they are living within Nepal, and, before the Nepalese embassy or consulate general, if they have been residing outside Nepal.

Upon receiving of application the concerned authority needs to issue a marriage registration certificate within 15 days. If the marriage seems not liable the authority needs to inform the applicant with reasons for non-registration within 7 days.

Further, the Civil Code 2074, has provided for conducting marriage through registration. The concerned district courts have been provided with the authority to establish marriage by registration. Upon receiving an application the district court shall render a decision within 7 days on whether or not to solemnize the marriage.

Besides the district court, the embassy or consulate office has the authority to register and establish marriage registration for every Nepalese citizen residing outside Nepal.

A.H.N. Legal holds expertise in representing parties in relation to various family-related issues.

Note: This write-up should not be considered an expert legal opinion. This has been drafted only for the purpose of a general understanding of the subject matter.

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