Court Marriage in Nepal

Introduction

Court marriage in Nepal is a legal way to register a marriage, providing an alternative to traditional religious or cultural ceremonies. It ensures official recognition and legal protection for both parties. This guide covers:

• Legal procedures
• Eligibility criteria
• Document requirements
• Marriage registration for foreigners
• Commonly asked questions

Legal Basis for Court Marriage in Nepal

Court marriage in Nepal is governed by the National Civil Code 2017 (2074 BS), which states that marriage must be registered before a competent authority such as the District Court, Ward Office, or Nepalese Embassy/Consulate.

According to Section 73 of the Civil Code, marriage registration is compulsory, and the authority must issue a marriage certificate within 15 days of application submission.

Methods of Marriage Registration in Nepal

Marriage registration can be done through three primary methods:

1. Marriage Registration through Court (Court Marriage) – For couples who have not yet married and wish to formalize their union legally.
2. Marriage Registration of Social/Religious Marriage – Couples who have already performed a marriage ceremony can register their marriage through the Ward Office.
3. Marriage Registration through Embassy/Consulate – Nepalese citizens residing abroad can register their marriage at the Nepalese Embassy or Consulate.

Eligibility Criteria for Court Marriage in Nepal

To register a marriage, the following conditions must be met:

• Both parties must be unmarried at the time of registration.
• Both must be at least 20 years old.
• Both must freely consent to the marriage.
• The marriage must not violate laws against incest or existing marital prohibitions.
• Both must be mentally competent.

Step-by-Step Process of Court Marriage in Nepal

Step 1: Submission of Application

• File an application for marriage registration at the District Court or Ward Office.
• If residing abroad, apply at the Nepalese Embassy/Consulate.
• Ensure that either party has resided in the concerned district or country for at least 15 days.

Step 2: Submission of Required Documents

The following documents are required:

Step 3: Verification of Residence

• Either party must have resided in the district for at least 15 days before applying.
• Obtain residence proof from the local Ward Office.

Step 4: Decision and Deed of Consent

• The District Court verifies eligibility and documents within 7 days.
• The couple signs a Deed of Consent, witnessed by at least three individuals.

Step 5: Issuance of Marriage Certificate

• After approval, the Marriage Certificate is issued within 7 to 15 days.
• The certificate serves as legal proof of marriage.

Marriage Registration for Foreigners in Nepal

Foreigners can marry in Nepal by fulfilling these additional requirements:

1. No-Objection Letter from their embassy stating they are eligible to marry.
2. Translated and notarized copy of their home country’s marriage law.
3. Proof of at least 15 days' residence in Nepal from the local Ward Office.
4. Valid passport with a Nepalese visa.

FAQs About Court Marriage in Nepal

1. Is marriage registration mandatory in Nepal?

Yes, as per the Civil Code (Section 73), marriage must be registered either at the District Court, Ward Office, or Nepalese Embassy/Consulate.

2. How many witnesses are required for a court marriage in Nepal?

A minimum of three witnesses is required to sign the Deed of Declaration.

3. What is the difference between court marriage and paper marriage?

4. What is an Affidavit of Eligibility to Marry in Nepal?

An Affidavit of Eligibility to Marry is a sworn statement confirming an individual is legally single and eligible to marry. Foreigners must obtain this from their respective authorities and have it notarized and translated into Nepali.

5. How to obtain an Unmarried Certificate in Nepal?

Visit the Ward Office with:

• Citizenship Certificate
• Birth Certificate
• Recommendation letter from local authorities The Ward Office will verify and issue an Unmarried Certificate.

6. Can marriage be registered at a Nepalese Embassy?

Yes, as per Section 76(2) of the Civil Code, Nepalese citizens abroad can register their marriage at the Nepalese Embassy/Consulate.

7. What is a Relationship Certificate, and how can I get one?

A Relationship Certificate proves family relations. To obtain one:

• Visit the Ward Office.
• Provide Citizenship Certificates and Birth Certificates.
• Submit an application.

8. What is the process for obtaining a marriage certificate through the Ward Office?

Couples who have married through social/religious ceremonies must register their marriage at the Ward Office by submitting:

• Application for Marriage Registration
• Proof of Marriage (e.g., Wedding Photos, Religious Documents)
• Citizenship Certificates

Conclusion

Court marriage in Nepal is a legal, straightforward process that provides official recognition of marriage. Following the legal requirements, document submission, and registration procedures, couples can successfully obtain a Marriage Certificate in Nepal.

For assistance, consider consulting law professionals in Nepal to ensure a smooth and legally compliant process.