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According to the Nepalese Civil Code 2017 (2074), the legal marriage age in Nepal is 20 years for both men and women. This straightforward requirement may seem simple, but the rules around it are critical to ensuring the rights and welfare of individuals and society. With nearly 40% of marriages worldwide involving someone under the age of 18—as reported by UNICEF—it’s vital for Nepal to enforce strict marriage age laws to protect the younger generation.
Why Does the Legal Marriage Age Matter?
The legal marriage age isn’t just a number; it serves as a protective barrier against child marriage and its associated risks. Early marriages often result in:
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Health Complications: Especially for young girls, early pregnancy can lead to serious health risks, including complications during childbirth.
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Education Dropouts: Marriage at an early age often ends educational opportunities, curtailing the couple’s future prospects.
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Economic Dependence: Without education or skills, those married young may struggle to achieve financial independence.
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Increased Risk of Domestic Abuse: Studies have shown that child marriages are often linked to higher rates of domestic violence.
Legal Provisions Regarding Marriage Age in Nepal
The Civil Code 2017 (2074) makes it clear: anyone wishing to marry must meet specific criteria, including being at least 20 years old. Let’s break this down:
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Consent: The marriage must involve the free consent of both parties.
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No Existing Marriage: Both individuals must be unmarried at the time of the union.
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No Incest: Marriage is prohibited between close blood relatives.
If these conditions are violated, the marriage is deemed invalid, and severe legal penalties may follow.
Exceptions and Misconceptions
Some may argue that parental consent allows underage marriages, but this is no longer true under current Nepalese law. Both parties must meet the minimum age requirement, irrespective of their guardians’ approval. Any marriage conducted below the legal age is void and can result in criminal charges against those involved, including the parents or guardians who facilitate it.
Enforcement Challenges
Despite having clear laws, enforcing the legal marriage age in Nepal can be challenging, especially in rural areas. Traditional customs and societal pressures often lead to early marriages. Some families hide the true ages of their children to avoid scrutiny. Additionally, inadequate awareness about the law contributes to its violation.
To tackle these issues, the Nepalese government has:
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Launched public awareness campaigns about the dangers of child marriage.
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Partnered with non-governmental organizations (NGOs) to educate communities.
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Strengthened legal mechanisms to punish offenders.
What Happens If Someone Marries Below the Legal Age?
Marriage below the age of 20 is not only invalid but also punishable by law. According to Nepal’s Civil Code:
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Parents or guardians involved in arranging an underage marriage can face fines and imprisonment.
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The individuals marrying underage can face legal consequences, depending on their roles in bypassing the law.
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In cases of forced underage marriage, the victim is entitled to legal support, protection, and rehabilitation.
The Role of Court Marriage in Nepal
As a legal service provider specializing in court marriages, we ensure that all marriages comply with Nepalese law. When couples approach us for marriage registration, we:
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Verify Age and Identity Documents: To ensure both parties meet the minimum age requirement.
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Provide Legal Guidance: We inform clients about their rights and responsibilities.
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Facilitate a Smooth Process: By handling all paperwork and ensuring compliance with the law.
This helps couples avoid legal complications and ensures their marriage is valid in the eyes of the law.
Why Waiting Until 20 Matters
Marriage is a lifelong commitment that should never be rushed. By setting the legal marriage age at 20, Nepal ensures that individuals are mature enough to make this critical decision. At this age, most people have:
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Completed their education or reached a stage where they can support themselves.
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Developed the emotional and mental maturity required for married life.
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A better understanding of their rights and responsibilities as partners.
Protecting Future Generations
As a society, we must take collective responsibility to uphold and promote the legal marriage age. Parents, educators, religious leaders, and legal professionals all play vital roles in preventing underage marriages. By encouraging open discussions and supporting the enforcement of laws, we can protect future generations from the adverse effects of child marriage.
Final Thoughts
At Court Marriage in Nepal, we are committed to helping couples begin their married lives in compliance with the law. The legal marriage age of 20 serves as a safeguard, ensuring that every individual enters marriage with full consent, understanding, and readiness.
Whether you are planning to get married or simply want to learn more about the process, our team is here to guide you. Marriage is a significant milestone—let’s ensure it starts on the right legal foundation!
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