Court marriage of minors in Nepal: Legal consequences and remedies

Court marriage (Nepali: अदालतमा विवाह pronounced [ʌdaːltma bibaː]) is a type of marriage that is done by registering the marriage at a district court in Nepal. Court marriage is a legal process that requires both the man and the woman to accept each other as husband and wife and to fulfill certain conditions set by the law. However, some people may try to conduct a court marriage without fulfilling these conditions, such as being below the legal age of marriage. This article will help you know the legal consequences and remedies of court marriage of minors in Nepal.

Legal consequences

According to Section 70 of the Civil Code 2017, one of the conditions for a person to get married in Nepal is that both the man and the woman must have attained 20 years of age. This means that anyone who is below 20 years of age cannot legally get married in Nepal, even if they have the consent of their parents or guardians.

If a minor tries to conduct a court marriage by falsifying their age or documents, they will face legal consequences. According to Section 84 of the Civil Code 2017, any person who conducts a court marriage by providing false information or documents shall be liable to a fine of up to रू10,000 or imprisonment for up to six months or both. Moreover, the court marriage shall be null and void and shall not be recognized by law.

 

Additionally, if a minor tries to conduct a court marriage with an adult, they may also face legal consequences under other laws. For example, according to Section 219 of the Criminal Code 2017, any person who has sexual intercourse with a minor below 18 years of age shall be liable to imprisonment for up to seven years and a fine of up to रू50,000. Furthermore, according to Section 220 of the Criminal Code 2017, any person who entices or persuades a minor below 18 years of age to have sexual intercourse with them or another person shall be liable to imprisonment for up to five years and a fine of up to रू30,000.

 

 

Therefore, court marriage of minors in Nepal is illegal and punishable by law. It can also have negative impacts on the physical, mental, social, and economic well-being of the minors involved.

 

Legal remedies

If a minor has conducted a court marriage with an adult or another minor by falsifying their age or documents, they can seek legal remedies. According to Section 83 of the Civil Code 2017, any person who has been deceived or forced into a court marriage can file a petition at the concerned district court within three months from the date of knowledge of such deception or force. The court can then annul the court marriage and restore the status quo ante.

Additionally, if a minor has been sexually exploited or abused by an adult or another minor as a result of a court marriage, they can also seek legal remedies under other laws. For example, according to Section 221 of the Criminal Code 2017, any person who has been sexually exploited or abused by another person can file a complaint at the nearest police office within one year from the date of such exploitation or abuse. The police can then investigate and prosecute the offender according to law.

Therefore, court marriage of minors in Nepal is not only illegal but also harmful for the minors involved. However, there are legal remedies available for them if they want to annul their court marriage and seek justice for their rights.

Conclusion

Court marriage is a legal process that requires both the man and the woman to accept each other as husband and wife and to fulfill certain conditions set by law. However, some people may try to conduct a court marriage without fulfilling these conditions, such as being below the legal age of marriage. Court marriage of minors in Nepal is illegal and punishable by law. It can also have negative impacts on the physical, mental, social, and economic well-being of the minors involved. However, there are legal remedies available for them if they want to annul their court marriage and seek justice for their rights.