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Provisions Relating to Marriage

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Provisions Relating to Marriage
28Jan

Part-3

Family Law

Chapter-1

Provisions Relating to Marriage

 

67. Marriage deemed to be concluded: 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.

 

68. Marriage to be inviolable social bond: (1) Marriage shall be a

permanent, inviolable and holy social and legal bond, which is

based on free consent and established to start conjugal and family

life between a man and a woman.

(2) The marital bond referred to in sub-section (1) shall

subsist until extinguished pursuant to Section 82.

 

69. Freedom of marriage: (1) Every person shall, subject to law, have

the freedom to conclude a marriage, establish a family and spend a

conjugal life.

(2) A marriage must be made, or caused to be made, public

irrespective of the manner used to conclude it.

(3) Every person's family life shall be inviolable.

 

70. Marriage may be concluded: (1) Subject to this Chapter, a

marriage may be concluded between a man and a woman on the

following conditions:

(a) If the man and the woman agree to accept each

other as husband and wife,

(b) If the man and the woman are not relatives,

punishable by law on incest,

(c) If matrimonial relationship of both the man and the

woman does not exist,

(d) If both have attained twenty years of age.

(2) Notwithstanding anything contained in clause (b) of

sub-section (1), nothing shall bar the conclusion, or causing the

conclusion of, a marriage within the relationship that is allowed to

marry in accordance with the practices prevailing in their ethnic

community or clan.

 

71. Marriage not to be concluded: (1) No one shall conclude, or cause

to be concluded, marriage with a man or a woman, as the case may

be, who is not in a condition where marriage can be concluded

pursuant to Section 70.

(2) No one shall conclude, or cause to be concluded,

marriage with a man or a woman on any of the following

conditions, by way of misrepresentation:

(a) One who has contracted human immunodeficiency

virus (HIV) or Hepatitis 'B' or similar other

incurable severe disease,

(b) One who has already been proved to have no sexual

organ, to be impotent or to have no reproductive

capability,

(c) One who is dumb or has lost hearing capacity,

being fully blind or is suffering from leprosy,

(d) One who is of unsound mind,

(e) One who is already a married,

(f) One who is a pregnant,

(g) One who has been convicted of a criminal offense

involving moral turpitude by a court and sentenced

for the same.

(3) A person who is aggrieved from the conclusion of

marriage by way of misrepresentation pursuant to sub-section (2)

may get such a marriage voided and claim a reasonable

compensation from the person who concludes, or causes to be

concluded, marriage by misrepresentation.

 

72. Marriage to be void: (1) A marriage concluded on any of the

following conditions shall, ipso facto, be void:

(a) A marriage concluded without consent of the

man or the woman,

(b) A marriage concluded between the relatives,

punishable by law on incest.

(2) A marriage concluded pursuant to sub-section (1) shall

be invalid ab initio.

(3) Notwithstanding anything contained in clause (b) of

sub-section (1), a marriage concluded pursuant to sub-section (2) of

Section 70 shall not be void.

 

 

73. Voidable marriage: (1) If a marriage is concluded in any of the

following circumstances and any person who concludes such a

marriage does not accept it, the person may get such a marriage

voided:

(a) If the marriageable age set forth in clause (d) of

sub-section (1) of Section 70 has not been

completed,

(b) If the marriage has been concluded, or caused to be

concluded, by way of misrepresentation pursuant to

sub-section (2) of Section 71.

(2) Notwithstanding anything contained in sub-section (1),

a marriage shall be void only with the consent of the woman if she

is pregnant or has delivered a baby as the consequence of the

marriage.

 

74. Marriage to be deemed concluded if child is born from physical

intercourse: (1) Notwithstanding anything contained in sub-section

(2) of Section 69, if a woman is proved to have delivered a child by

conceiving pregnancy from physical intercourse with a man,

marriage between such a man and a woman shall, ipso facto, be

deemed to have been concluded.

(2) Notwithstanding anything contained in sub-section (1),

no marriage shall be deemed to have been concluded between a

man and a woman in any of the following circumstances even if a

child is born from physical intercourse with the man:

(a) If a woman gives birth to a child by conceiving

pregnancy as the consequence of rape,

(b) Except in case of the relationship of under subsection

(2) of Section 70, if a woman delivers a

child by conceiving pregnancy from a physical

intercourse with a man within the relationship

punishable by law on incest.

 

75. No lawful rights of child already born to be prejudiced: There

shall be no prejudice in the lawful rights of a child already born

from a marriage if the marriage becomes void pursuant to Section

72 or the marriage is got voided pursuant to Section 73 or of the

child born in any of the circumstance referred to in sub-section (2)

of Section 74.

 

76. Marriage to be registered: (1) Both husband and wife shall get

their marriage registered by filing an application in the authority

specified by the Government of Nepal by a notification in the Nepal

Gazette.

Provided that in the circumstance referred to in sub-section

(1) of Section 74, both or either of husband and wife may file an

application for the registration of marriage.

(2) A husband and wife residing outside Nepal may file an

application for the registration of marriage in the Nepali embassy or

consulate general located in the country in which they have been

residing.

(3) If an application is filed pursuant to sub-section (1) or

(2) for the registration of a marriage, the concerned authority shall,

after registering the marriage in the marriage book maintained in

the office, issue the marriage registration certificate, in the form as

specified by the Government of Nepal, to the applicant, within

fifteen days of the filing of the application.

 

Explanation: For the purposes of this Chapter, the term

"concerned authority" means the marriage registering authority.

(4) If the marriage cannot be registered according to the

application filed pursuant to sub-section (1) or (2), the concerned

authority shall give the applicant information, specifying the

reasons therefor, within seven days of the filing of the application.

(5) If any one party does not appear for the registration of

a marriage according to the application filed pursuant to the proviso

to sub-section (1), the concerned authority shall register the

marriage after inquiring into such a party.

(6) If, in making inquiry pursuant to sub-section (5), the

other party expresses disagreement to the registration of marriage,

the con

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