Matrimonial Law: Marriage by Registration (Court Marriage) in Nepal
Marriage is a legal, social and religious relationship between individuals which has formed the foundation of the family for most society. A general definition of marriage is that marriage is a social contract between two individuals that unites their lives legally, economically and emotionally. In the context of Nepal, marriage is regarded more as a religious and social affair than a legal affair.
According to Muluki Civil Code, 2074(2017) “Civil Code”, if a man and a woman accept each other as the husband and wife through any occasion, ceremony, formal or other act, a marriage shall be deemed to have been concluded. A marriage may be concluded between a man and a woman after fulfilling the conditions mentioned below:
- both have attained twenty years of age;
- they are not relatives, punishable by law on incest;
- prior matrimonial relationship of both parties does not exist;
- both agree to accept each other as husband and wife.
However, no marriage shall conclude or cause to be concluded by way of misrepresentation mentioned in section 71(2) and a marriage concluded without consent or a marriage concluded between the relatives, punishable by law on incest shall be ipso facto void.
Civil Code has prescribed the procedure for marriage by registration (also known as court marriage) in Nepal. Section 77(1) of the Civil Code provides that if a man and a woman desire to conclude marriage by registration, they shall file an application in the concerned District Court, if they are residing in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal. Provided that, if the application has to be filed in the District Court, either the man or the woman or both must have resided since at least fifteen days ago in such district. The applicant shall submit following documents along it the application;
- Certified copy of citizenship of applicants,
- Recommendation of local level (ward office) stating that the applicant have resided since at least fifteen days ago in concerned district (if applicable),
- Recommendation of local level (ward office) stating the marital status of applicants (either married or divorcee),
- Documentary evidences to conclude re-marriage (if applicable),
- Copy of foreign law relating to marriage and it’s Nepalese translation (for foreigner’s),
- No objection letter issued by the concerned government authority or concerned Embassy in Nepal (for foreigner’s),
- Passport size photos of applicants,
- Certified copy of citizenship of witness
After filing an application for the conclusion of a marriage by registration, the concerned authority after making necessary inquiry shall make a decision within seven days of the filing of the application, as to whether or not the marriage is capable of being concluded. If the concerned authority based in a foreign country has suspicion about the proposed marriage, the authority shall submit the matter to the Government of Nepal and settle the matter according to the decision of the Government of Nepal. If it is deemed appropriate to conclude marriage, the concerned authority shall prepare a deed of consent for marriage, also recording the matters specified in the application and a statement to the effect that the parties to the marriage have consented to accept each other as husband and wife.
The concerned authority shall register a marriage in the registration book, after the deed of consent has been signed by such an authority and also by the parties to the marriage and witnesses present. After which the marriage between the parties is deemed to be concluded. The concerned authority shall issue a marriage registration certificate to the parties to the marriage registration after the registration of a marriage in the registration book.
Marriage by registration or court marriage is considered as an economical and hassle-free alternative to a traditional marriage. The couples from different nationality, religion, and caste can solemnize and register their marriage through a simple procedure as discussed above.
You can visit us for registration of marriage done with our experienced family advocate and to guide you through court marriage.