The Court Marriage Nepal

Provision of Marriage in Nepal

  • Home
  • Blog
  • Provision of Marriage in Nepal
Provision of Marriage in Nepal
17Mar

Part-3

Family Law Chapter-1

Provisions relating to marriage

Paragraph-1

Marriage Arrangements

 

67. Considered to be married: If a man and a woman accept each other as husband and wife through a celebration, ceremony, ceremony or any other function, it is considered to be married.

 

68. Marriage shall be an irrevocable social bond:

  1. Marriage shall be a sacred social and legal bond based on a permanent, irrevocable and free consent established between a man and a woman for the initiation of conjugal and family life.
  2. The matrimonial bond under sub-Section (1) shall continue until it is terminated under Section 82.

 

69. Freedom to marry:

  1. Every person shall have the freedom to marry, establish a family and lead a family life under the law.
  2. Regardless of the type of marriage, such marriage must be made public or conducted.
  3. The family life of every person shall be inviolable.

 

70. Marriage may take place:

1) Subject to this paragraph, marriage may take place between a man and a    

    woman in the following cases: -

  1. if the man and woman agree to accept each other as husband and wife,
  2. If a man and a woman are not related to each other, punishable for adultery according to law,
  3. If the marital relationship of both the man and the woman is not subsisting,
  4. If he has completed twenty years of age.

(2) Notwithstanding anything written in Clause (b) of sub-Section (1), there

shall be no hindrance to marry or arrange for marriage in accordance with the custom of their caste community or clan.

 

71. Marriage shall not be arranged or arranged: (1) No one shall marry or arrange marriage with a man or woman who is not capable of marriage according to Section 70.

(2) No one shall forcefully marry or force a man or woman under any of the following conditions: -

  1. is infected with human immunodeficiency virus (HIV) or hepatitis B or incurable disease of a similar nature;
  2. has been proved to be sterile, impotent or incapable of procreating children,
  3. totally unable to speak or hear, totally blind or leper,
  4. is not at the address,
  5. married,
  6. is pregnant,
  7. found guilty of a criminal charge showing moral turpitude and sentenced by the court.

(3) According to sub-Section (2), a person who is aggrieved because of an arranged marriage may annul such marriage and claim reasonable compensation from the person who arranged or arranged the arranged marriage.

 

72. Marriage will be void:

(1) A marriage will automatically be void in the following cases: -

  1. marriage without the consent of a man or a woman;
  2. Marriage between related persons punishable for adultery.
  3. a marriage contrary to clause (d) of sub-Section (1) of Section 70,
  4. Another marriage performed by a married man or woman while the marital relationship continues, except in the case of division of shares according to law.

(2) A marriage performed in accordance with sub-Section (1) shall be invalid from the beginning.

(3) Notwithstanding anything written in clause (b) of sub-Section (1), the marriage performed under sub-Section (2) of Section 70 shall not be annulled.

 

73. Can annul a marriage:

(1) A marriage in the following circumstances can be annulled if a person who performs such marriage does not approve: -

  1. …………………
  2. In case of getting married under sub-Section (2) of Section 71.

(2) Notwithstanding anything written in sub-Section (1), if a woman becomes pregnant as a result of the marriage or if a child is born to her, the marriage can be annulled only with her consent.

 

74. If a child is born through physical contact, marriage shall be considered:

  1. Notwithstanding anything written in sub-Section (2) of Section 69, if it is proved that a woman conceived and gave birth to a child through physical contact with a man, such man and woman shall automatically be considered married.
  2. Notwithstanding anything contained in sub-Section (1), even if a child is born through physical intercourse with a man, the marriage shall not automatically be deemed to be between a man and a woman for the same reason: -
  1. if the woman conceives and gives birth to a child due to coercion,
  2. If a woman conceives and gives birth to a child through physical contact with a male relative who is punishable by adultery except in relation to marriage as per sub-Section (2) of Section 70.
  3. If the marriageable age is not reached as per clause (d) of sub-Section (1) of Section 70,
  4. If polygamy persists.

 

75. The rights of the unborn child will not be affected: If the marriage is annulled according to Section 72 or if the marriage is annulled according to Section 73, the legal rights of the child born out of such marriage or born under sub-Section (2) of Section 74 will not be affected.

 

76. Marriage must be registered:

  1. Husband and wife must register their marriage by submitting an application to the authority prescribed by law. But in the case of sub-Section (1) of Section 74, both husband and wife or one of them can apply for registration of marriage.
  2. A husband and wife living outside Nepal can apply for marriage registration at the Embassy or Consulate General of Nepal in their country of residence.
  3. If there is an application for registration of marriage according to sub-Section (1) or (2), the concerned officer shall register the marriage in the marriage records in his office within fifteen days of the application and give a certificate of marriage registration to the applicant in accordance with the prevailing law. Explanation: For the purpose of this paragraph, "concerned officer" means the officer who registers marriage.
  4. If the marriage cannot be registered according to the application made under sub-Section (1) or (2), the concerned officer shall inform the applicant within seven days of receiving the open application.
  5. If one of the parties is not present in relation to the registration of marriage according to the application submitted in accordance with the restrictive phrase of sub-Section (1), the concerned officer shall register the marriage after understanding him.
  6. If the other party disagrees to register the marriage after understanding according to sub-Section (5), the concerned officer shall inform the petitioner that the marriage will take place as decided by the court without registering the marriage.
  7. The record of details related to marriage registration as per this Section shall be kept safe by the concerned officer.
  8. Couples who have been married before the commencement of this Code and have not registered their marriage may, if they wish, register their marriage in accordance with this Section.

But just because the marriage is not registered, the marriage of such a couple is not considered to be legally recognized.

 

77. Can marry by registration:

  1. Notwithstanding anything contained in sub-Section (2) of Section 69 and Section 74, if a man or woman wishes to marry by registration, their name, surname, age, address, occupation, name of father, mother, father, grandfather, if married before or not, and if married, the act of termination of marriage and the names of at least two witnesses should be disclosed to the relevant district court if within Nepal and to the Embassy or Consulate General of Nepal if outside Nepal.
  2. In order to make an application according to sub-Section (1), a man or a woman or both must have stayed in the respective country for at least fifteen days before applying in the district court if applying in the district court and in the case of applying in the embassy or consulate general.

 

78. Deciding whether or not to marry:

  1. If an application for marriage is received through registration according to Section 77, the relevant officer shall make a necessary investigation in that regard and decide on whether or not to marry within seven days from the date of the application.
  2. Regardless of what is written in sub-Section (1), if the relevant official located abroad has any doubt regarding the proposed marriage, it shall be submitted to the Government of Nepal and it shall be done according to the decision of the Government of Nepal.

 

79. Consent document must be prepared: If a marriage is decided between the petitioners according to Section 78, the relevant officer shall prepare a marriage consent document including the things mentioned in the application and the parties to marry are allowed to accept each other as husband and wife according to law You will have to print it yourself.

 

80. Provisions related to marriage registration:

  1. After signing the consent form according to Section 79, the relevant officer shall register such marriage in the registration book and make or cause to be signed by himself and the party to be married and the witnesses present.
  2. After registering the marriage according to sub-Section (1), the concerned officer shall give the marriage registration certificate to the parties of the marriage registration in the format prescribed by the prevailing law.
  3. According to sub-Section (2), the marriage between the petitioners shall be deemed to have taken place from the date of receipt of the marriage registration certificate.

 

81. Provisions related to the use of surnames of married women:

  1. A married woman may use the surname used by her father or mother or her husband's surname or both surnames after marriage.
  2. If there is any question regarding the surname of a married woman, it will be assumed that she used her husband's surname, unless proven otherwise.
  3. If a woman using her husband's surname gets divorced, she can use the surname used by her father or mother if she wishes.

 

82. Marital relationship shall be deemed to have ended: The marital relationship between husband and wife shall be deemed to have ended in any of the following cases: -

  1. In case of annulment of marriage under Section 72 or 73,
  2. In case of divorce of husband and wife according to law,
  3. If the wife remarries without divorce according to law.

 

83. Can remarry: Notwithstanding anything contained elsewhere in this paragraph, a man or a woman may remarry in any of the following cases: -

  1. In case of termination of marital relationship between husband and wife as per Section 82,
  2. in case of death of spouse,
  3. If the spouse divides the shares according to the law and differs.

 

84. Limitation: A person who is aggrieved by action taken in accordance with this paragraph may file a complaint within three months from the date of action.

 

 

 

 

Comments

The Court Marriage Nepal

About Us

Welcome to The Court Marriage Nepal! At The Court Marriage Nepal, we take pride in helping couples make their special day even more memorable by providing seamless court marriag...

Get Consultation

Contact Us