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The Muluki Civil Code 2074 (National Civil Code 2017) is the single most important law governing marriage, family relationships, and personal rights in Nepal. It replaced the century-old Muluki Ain 2020 BS when it took effect on Bhadra 1, 2075 BS (17 August 2018) — fundamentally changing how marriages are formed, how spouses are treated during marriage, and what happens when marriages end. For any couple considering court marriage in Nepal, understanding this law is essential because every aspect of your marriage — from eligibility to registration to divorce — flows from its provisions. This guide explains the key marriage-related sections of the Civil Code 2074 and what changed from the old law.
The Muluki Civil Code 2074 governs all aspects of marriage in Nepal. Key provisions: Section 69 (right to marry), Section 70 (four eligibility conditions — age 20+, free consent, unmarried, no prohibited relationship), Sections 76–80 (registration at District Court or Ward Office), Sections 93–104 (divorce), Section 99 (property division), Section 100 (alimony), and Sections 114–118 (child custody). It took effect on 17 August 2018, replacing the Muluki Ain 2020 BS and making landmark reforms including equal rights for women in marriage, inheritance, and divorce.
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What Is the Muluki Civil Code 2074?
The Muluki Civil Code 2074 (मुलुकी देवानी संहिता, २०७४) is Nepal's comprehensive civil law — covering persons, family, property, contracts, and civil liability. It was enacted in 2074 BS (2017 AD) and came into force on Bhadra 1, 2075 BS (17 August 2018). It replaced the Muluki Ain 2020 BS (1963), which had governed personal and family law for over five decades.
The Code is divided into multiple parts. The marriage and family provisions span several sections:
| Part / Sections | Subject | What It Covers |
|---|---|---|
| Sections 67–84 | Marriage | Right to marry, eligibility, consent, registration, prohibited relationships, void and voidable marriages |
| Sections 93–104 | Divorce | Grounds for divorce, mutual consent, contested divorce, property division, alimony |
| Sections 114–118 | Child custody | Age-based custody rules, maintenance, visitation rights |
| Sections 166–176 | Adoption | Eligibility, process, rights of adopted children |
| Sections 199–234 | Inheritance | Intestate succession, wills, coparcenary property, spouse's share |
| Sections 205–211 | Ancestral property | Coparcenary rights, partition, equal shares for all children |
| Sections 256–258 | Property classification | Self-acquired, ancestral, and joint marital property |
The companion Muluki Criminal Code 2074 (National Penal Code) criminalises violations of marriage law — including bigamy (Section 175), child marriage (Section 173), and forced marriage (Section 174).
Marriage Eligibility Under Section 70
Section 70 establishes four mandatory conditions that every couple must satisfy. These apply equally to Nepali citizens, foreign nationals, and NRN couples:
Condition 1: Minimum Age of 20 Years
Both parties must have completed 20 years of age. Nepal has one of the highest minimum marriage ages in the world — there is no exception for parental consent at a younger age. A marriage where either party was below 20 is void.
Condition 2: Free and Voluntary Consent
Both parties must give free consent. Consent obtained through force, threat, fraud, or while of unsound mind is invalid. Complete absence of consent makes the marriage void; consent obtained through deception or coercion makes it voidable.
Condition 3: No Existing Undissolved Marriage
Neither party may have an existing undissolved marriage — they must be single, divorced, or widowed. A second marriage while the first subsists is bigamy, which is both void and a criminal offence under Section 175 of the Criminal Code (1–5 years imprisonment).
Condition 4: No Prohibited Relationship
The parties must not be within the prohibited degrees of blood relationship: 7 generations on the paternal side and 3 generations on the maternal side (sapinda relationship). Marriage within these degrees is void.
For the full eligibility checklist, see our guide on court marriage requirements in Nepal.
Right to Marry (Section 69)
Section 69 establishes a fundamental principle: every person who has attained the age of 20 years has the right to marry by their own free will. This means:
- No person can be prevented from marrying by family, community, or caste restrictions
- Inter-caste and inter-religious marriages have full legal validity
- No third-party consent is required — parental approval is not a legal requirement
- The right applies equally to men and women
This right is further backed by Article 38(2) of the Constitution of Nepal 2072, which guarantees every woman's right to marriage by free consent, and Article 18, which prohibits discrimination.
Marriage Registration (Sections 76–80)
The Civil Code 2074 requires marriages to be registered to have full legal effect. Registration can be done at:
| Registration Authority | When Used | Timeline |
|---|---|---|
| District Court | Court marriage — direct registration before a judge | Certificate issued same day or within days |
| Local Ward Office | Registration of traditional/religious marriages | Must register within 35 days of the ceremony |
Why Registration Matters
- An unregistered marriage is still legally recognised in Nepal — but proving it becomes difficult without a certificate
- Registration provides an official marriage certificate that is needed for property transactions, inheritance claims, visa applications, and divorce proceedings
- For international recognition, a court-issued marriage certificate (after MOFA attestation) is far more widely accepted than a Ward Office registration
Spousal Rights Under the Civil Code 2074
Once married, both spouses acquire specific legal rights and obligations:
| Right / Obligation | Legal Basis | Details |
|---|---|---|
| Equal property rights | Section 258 | Property acquired during marriage belongs to both spouses equally (50-50) |
| Coparcenary rights | Section 205 | Wife becomes coparcener in husband's family ancestral property; wife retains birth family coparcenary |
| Consent for property disposal | Section 258 | Neither spouse can sell/mortgage joint property without the other's consent |
| Maintenance obligation | Section 100 | Both spouses have obligation to maintain each other and their children |
| Inheritance rights | Sections 199–234 | Surviving spouse inherits equal share alongside children; unconditional |
| Right to divorce | Sections 93–95 | Either spouse can file for divorce on equal grounds |
| Protection from violence | DV Act 2066 | Domestic violence is a criminal offence; protection orders available |
Divorce Provisions (Sections 93–104)
The Civil Code 2074 provides two pathways to divorce:
Mutual Consent Divorce (Section 93)
Both spouses agree to end the marriage. No grounds required. The fastest route — typically completing in 1–3 months. Both parties must agree on property division and child custody.
Contested Divorce (Sections 94–95)
One spouse files against the other based on specific grounds. The grounds are:
- Desertion for 3 or more consecutive years without consent
- Cruelty — physical or mental torture, domestic violence
- Adultery — sexual relations with another person
- Deprivation of maintenance or expulsion from the home
- Bigamy — filing by the wife if the husband marries again (Section 95)
- Marital rape — filing by the wife (Section 95)
Contested divorce requires mandatory mediation (Section 97) before the court proceeds to trial. Timeline: 9–18 months on average. For the full divorce process, see our guide on divorce law in Nepal.
Property Division (Section 99)
Joint marital property must be divided equally before the divorce is finalised. Self-acquired property stays with the owner. A spouse at fault (adultery, grievous harm, expulsion) may be denied their share under Section 99(6).
Alimony (Section 100)
The filing spouse can request lump sum or periodic alimony instead of claiming property partition. The amount is at the court's discretion based on income, marriage duration, and custody arrangement.
Child Custody (Sections 114–118)
The Civil Code 2074 uses an age-based system for custody when parents cannot agree:
| Child's Age | Default Custody | Section |
|---|---|---|
| Below 5 years | Mother | Section 115(1)(a) |
| 5–10 years | Mother (unless she remarries and declines) | Section 115(1)(b)–(c) |
| Above 10 years | Child's own preference considered | Section 115(3) |
Both parents retain joint parental responsibility after divorce (Section 118). The non-custodial parent has legally protected visitation rights (Section 117). Maintenance continues until the child turns 18.
What Changed From the Old Muluki Ain 2020 BS?
The Civil Code 2074 replaced the Muluki Ain 2020 BS (1963), which had governed personal law for over 50 years. The reforms were transformative:
| Area | Old Muluki Ain (2020 BS) | Civil Code 2074 |
|---|---|---|
| Marriage age | 18 years (with parental consent at 16) | 20 years — no exceptions |
| Women's divorce rights | Heavily restricted — limited grounds for women | Equal grounds for both spouses (Sections 94–95) |
| Marital rape | Not recognised | Explicitly recognised as ground for divorce (Section 95) |
| Bigamy | Allowed under 5 specific exceptions | Completely prohibited — no exceptions; criminal offence |
| Daughters' inheritance | Conditional — only if unmarried at 35; must return on marriage | Equal coparcenary rights from birth — unconditional |
| Wife's inheritance | Conditional — often tied to not remarrying | Equal share alongside children — no conditions |
| Property division on divorce | Wife had limited claim | Equal division of joint property (Section 99) |
| Child custody | Father-centric | Mother-first for children under 5; child's preference above 10 |
| Mandatory mediation | Not required | Mandatory before contested divorce trial (Section 97) |
These reforms made Nepal's family law framework one of the most progressive in South Asia — particularly on women's rights, inheritance equality, and the recognition of marital rape as a legal ground for divorce.
Penalties for Violating Marriage Laws
The companion Muluki Criminal Code 2074 (National Penal Code) criminalises marriage law violations:
| Offence | Criminal Code Section | Penalty |
|---|---|---|
| Bigamy | Section 175 | 1–5 years imprisonment + NRS 10,000–50,000 fine; second marriage automatically void |
| Child marriage | Section 173 | Up to 3 years imprisonment; marriage may be void |
| Forced marriage | Section 174 | Up to 3 years imprisonment; marriage is void or voidable |
| Marital rape | Section 219 | Up to 5 years imprisonment |
| Domestic violence | DV Act 2066 | Up to 6 months (first offence); doubled for repeat; serious harm prosecuted under Penal Code |
For details on domestic violence protections, see our guide on domestic violence law in Nepal. For void and voidable marriages, see our guide on void and voidable marriage in Nepal.
Marriage and the Constitution of Nepal 2072
The Civil Code 2074 operates within the constitutional framework of the Constitution of Nepal 2072 (2015). Key constitutional provisions that support and inform marriage law:
- Article 18: Right to equality — prohibits discrimination based on gender, caste, religion, or origin in all matters including marriage
- Article 38(2): Right of women — guarantees every woman's right to marriage by free consent and reproductive rights
- Article 38(3): Right against violence — domestic violence and polygamy are explicitly mentioned as punishable acts
- Article 39: Rights of children — right to identity, family care, and protection from harmful practices including child marriage
- Article 11: Citizenship — governs citizenship through marriage (Article 11(6) requires 7 years residency for naturalisation)
The Supreme Court of Nepal has used these constitutional provisions to interpret and expand marriage law — most notably in the 2007 Sunil Babu Pant ruling on LGBTQ+ rights and the 2023 interim order permitting same-sex marriage registration.
Have questions about marriage law under the Civil Code 2074? Our lawyers can help →
Conclusion
The Muluki Civil Code 2074 is the foundation of all marriage law in Nepal. It defines who can marry, how marriages are registered, what rights spouses have, how divorces work, and how property and children are handled when marriages end. The reforms it brought — equal rights for women, recognition of marital rape, abolition of bigamy exceptions, and equal inheritance for daughters — made Nepal's family law among the most progressive in the region. Whether you are planning a marriage, navigating a dispute, or considering divorce, understanding the Civil Code 2074 is the starting point for protecting your rights.
Our lawyers work exclusively in family law under the Civil Code 2074. We handle court marriages, divorce proceedings, property disputes, custody matters, and cross-border family law cases.
Frequently Asked Questions
The Muluki Civil Code 2074 (National Civil Code 2017) is Nepal's comprehensive civil law governing persons, family, property, and contracts. It replaced the old Muluki Ain 2020 BS and took effect on 17 August 2018. It contains all marriage, divorce, custody, and inheritance provisions.
Both parties must: (1) be at least 20 years old, (2) give free and voluntary consent, (3) be unmarried (single, divorced, or widowed), and (4) not be within the prohibited degrees of blood relationship (7 generations paternal, 3 maternal).
The Civil Code 2074 came into force on Bhadra 1, 2075 BS (17 August 2018). All marriages registered from this date onwards are governed by its provisions. It replaced the Muluki Ain 2020 BS (1963).
The minimum marriage age is 20 years for both men and women. There are no exceptions — parental consent does not lower the age requirement. This is one of the highest minimum marriage ages in the world.
No. The Civil Code 2074 completely prohibits bigamy/polygamy with no exceptions. The old Muluki Ain had 5 exceptions allowing a second wife — all were eliminated. Bigamy is a criminal offence with 1–5 years imprisonment under Criminal Code Section 175.
Mutual consent (Section 93, no grounds needed) or contested divorce (Sections 94–95) on grounds of desertion for 3+ years, cruelty, adultery, deprivation of maintenance. Women have additional grounds: bigamy and marital rape (Section 95).
Daughters have equal coparcenary rights from birth in ancestral property. Wives own joint marital property equally (Section 258). On divorce, property is divided 50-50 (Section 99). Widows inherit unconditionally. These were major reforms from the old law.
Section 99 governs property division on divorce. Joint marital property must be divided equally before the divorce is finalised. Self-acquired property stays with the owner. Section 99(6) allows denial of share if divorce was caused by adultery, grievous harm, or expulsion.
Sections 114–118 use an age-based system: children below 5 stay with the mother; children 5–10 stay with the mother unless she remarries and declines; children above 10 can express a preference. Both parents retain joint parental responsibility.
Yes. Marital rape is recognised as a ground for divorce under Section 95 (for the wife). It is also a criminal offence under Section 219 of the Criminal Code 2074, punishable by up to 5 years imprisonment. This was a landmark reform.
Registration is strongly recommended but unregistered marriages are legally recognised. Registration provides an official certificate needed for property, inheritance, visa, and divorce proceedings. Court marriages are registered automatically; traditional marriages should be registered at the Ward Office within 35 days.
The Muluki Civil Code 2074 replaced the Muluki Ain 2020 BS (1963) for civil matters. The Muluki Criminal Code 2074 replaced it for criminal matters. Together, they modernised Nepal's entire legal framework effective August 2018.
Yes. Section 69 grants every person the right to marry. Foreign nationals must meet the same Section 70 conditions, plus complete a 15-day residency in Nepal and provide embassy documentation (NOC, single status certificate, passport).
In contested divorce cases, the court must attempt mediation before proceeding to trial (Section 97). A neutral mediator facilitates discussion between both spouses. If mediation fails, the case returns to the judge for adjudication. Mutual consent cases do not require mediation.
Yes. The Civil Code 2074 governs all existing marriages — including those registered under the old Muluki Ain. Divorce, property division, custody, and inheritance for all marriages are now handled under the 2074 Code, regardless of when the marriage was registered.
Court Marriage in Nepal Pvt. Ltd. is Nepal's first registered law firm for court marriage services. Since 2016, our Nepal Bar Council-registered advocates have helped 2,000+ couples from 50+ countries with marriage registration, document preparation, and legal consultation. Whether you are a Nepali citizen or a foreign national, contact us today for confidential legal assistance.
