Introduction to Legal Marriage in Nepal

• February 04, 2025

The laws governing marriage in Nepal are based on the Nepal Civil Code and the Marriage Registration Act, 1971, which recognize marriage as a union between two consenting adults. The country has different types of marriages, including Hindu marriage, special marriage, and court marriage, each with its own requirements and procedures. To have a court marriage in Nepal, the couple must meet certain requirements, such as age, consent, and mental capacity, and follow a specific procedure involving application, documentation, verification, and registration. The Dewani Sihitha Act, 1976, is another important law that governs marriage, divorce, and other family-related matters in Nepal, and it requires all marriages to be registered with the government authorities.

Key Points

• The laws governing marriage in Nepal are primarily based on the Nepal Civil Code and the Marriage Registration Act, 1971.
• There are different types of marriages recognized in Nepal, including Hindu marriage, special marriage, and court marriage.
• To have a court marriage in Nepal, the bride must be at least 18 years old, and the groom must be at least 21 years old.
• The couple must provide their free and voluntary consent to the marriage, and they must be of sound mind and capable of giving valid consent.
• The parties must not be related by blood or marriage, as defined in the Nepal Civil Code.
• Parents' consent is not mandatory for court marriage in Nepal, but it is recommended to obtain a certificate of no objection from the parents.
• The procedure for court marriage involves submitting an application, providing documentation, verification, and registration.
• The Dewani Sihitha Act, 1976, requires all marriages to be registered with the government authorities within 35 days of the marriage ceremony.
• The registration process involves submitting an application, providing documentation, verification, and registration, and it provides a legal safeguard for the couple's rights and interests.

Types of Marriage in Nepal

There are several types of marriages recognized in Nepal, including:

• Hindu Marriage: Governed by the Hindu Marriage Act, 1937, which allows for marriage between two Hindus.
• Special Marriage: Governed by the Special Marriage Act, 1960, which allows for marriage between individuals of different castes, religions, or nationalities.
• Court Marriage: Also known as civil marriage, this type of marriage is performed by a government official and is recognized by law.

Requirements for Court Marriage in Nepal

To have a court marriage in Nepal, the following requirements must be met:

• Age: The bride must be at least 18 years old, and the groom must be at least 21 years old.
• Consent: Both parties must provide their free and voluntary consent to the marriage.
• Mental Capacity: Both parties must be of sound mind and capable of giving valid consent.
• No Prohibited Relationship: The parties must not be related by blood or marriage, as defined in the Nepal Civil Code.

Do We Need Parents for Court Marriage in Nepal?

In Nepal, parents' consent is not mandatory for court marriage. According to the Marriage Registration Act, 1971, a person who has attained the age of majority (18 years for females and 21 years for males) can get married without the consent of their parents.

However, it is recommended to obtain a certificate of no objection from the parents, especially if the parties are from different castes or communities. This is to ensure that the marriage is not opposed by the families and to avoid any potential social or familial conflicts.

If the parents do object to the marriage, the couple can still proceed with the court marriage, but they may need to provide additional documentation, such as:

• Affidavit: A sworn statement from the couple stating that they are entering into the marriage of their own free will.
• ** Proof of Age**: Documentation to prove the age of the bride and groom.
• Proof of Residency: Documentation to prove the residency of the couple.

Procedure for Court Marriage in Nepal

The procedure for court marriage in Nepal involves the following steps:

1. Application: The couple must submit an application for marriage registration to the District Administration Office or the designated marriage registration office.
2. Documentation: The couple must provide the required documents, including proof of age, residency, and identity.
3. Verification: The documents are verified by the authorities, and the couple is interviewed to ensure that they are entering into the marriage of their own free will.
4. Registration: The marriage is registered, and a marriage certificate is issued.In Nepal, marriage is considered a social and legal institution that binds two individuals together. The laws governing marriage in Nepal are primarily based on the Nepal Civil Code (Muluki Ain) and the Marriage Registration Act, 1971. These laws recognize marriage as a union between two consenting adults, and they outline the requirements and procedures for a marriage to be considered legally valid.

Conclusion

In conclusion, legal marriage in Nepal is governed by the Nepal Civil Code and the Marriage Registration Act, 1971. While parents' consent is not mandatory for court marriage, it is recommended to obtain a certificate of no objection to avoid potential social or familial conflicts. The procedure for court marriage involves submitting an application, providing documentation, verification, and registration. By following these procedures, couples can ensure that their marriage is legally recognized and valid in Nepal.