Marriage is defined as an act of vow between two people to live together either done traditionally or in a legal way. Marriage is the legal or traditional union of two people as a spouse with their individual consent.
A court marriage occurs when a man and woman are legally allowed to wed without regard to their caste, religion, or creed in front of a judge, a marriage official, and witnesses.
In Nepal, the Civil Code 2017 (2074)'s chapter on marriage governs marriage. All of the laws concerning marriage are included in Sections 67 to 84.
In the context of Nepal, Court Marriage is an act of registering a marriage in a district court which are legally valid. Court Marriage is supposed to be done by a couple who are not traditionally married but rather interested in tying the knot in a legal way.
This requires submitting an application to the district court, and after completing the specific procedure for court marriages in Nepal, the marriage is registered by signing the legal paperwork in front of the judge.
Those who want to get married in court must acknowledge and accept each other as husband and wife in front of the judge, according to Article 79 of the National Civil Code of 2017.
Criteria for Marriages in Nepal
Four prerequisites are mentioned in Section 70 of the 2017 Civil Code for a person to get married in Nepal:
- Marriage should be done with the personal consent of both males & females.
- If the couple is not related by blood, they cannot be punished for incest.
- Men and women shouldn’t be already married.
- Both Men and Women’s age should be minimum of 20 yrs.
Registration of Court Marriages in Nepal
If both males and females are intended to wed legally can apply for court marriages in any of the 77 districts of Nepal. However, the registration of court marriage is done following some simple steps.
- Both applicants must fill out duly signed applications.
- Court verify the documents and assign them a date.
- Both applicants must be present on the assigned date with their witnesses.
- If all the documents are legal, the judge approved their marriage application and provides the certificate for the same.
The procedure of Court Marriages in Nepal
Court marriage is meant for a couple who are not married traditionally but rather intended to get wed in a legal way.
New legal rules governing marriage have been put into effect with the enactment of the "Muluki Civil Code." Marriages in Nepal are now officially registered in district courts. Aspirants may register the marriage at any of the 77 district courts of Nepal depending upon their convenience.
However, Court Marriages are not as easy as it is considered. There is a specific procedure for court marriages in Nepal which should be followed to register the marriage and the procedure for court marriages in Nepal are listed below:
- Both applicants properly complete an application and sign in their individual presence in any of the district courts of Nepal.
- Both applicants must have stayed in the respective district for 15 days from which they have done the application,
- The court authority needs to verify each submitted document. The court registers the application upon verification, and an appointment day is given to the applicants.
- Both applicants must appear in court on the designated date, along with their witnesses.
- The court will approve the marriage registration application, and the court office will issue a certificate of the same if all the paperwork is carried out correctly and all the legal requirements are met.
Document required for court marriages in Nepal
When one wishes to do anything legally, have to submit all the documentation required and the same goes with court marriages in Nepal. If applicants wish to register their marriage in court have to submit the following documents.
- Application that has been properly completed and signed and is in the format required;
- original and notarized copies of applicants' citizenship certificates;
- Original and notarized copies of witness citizenship certificates.
- Both candidates must provide letters of recommendation from their local wards attesting to their status as single or unmarried;
- Letters of recommendation from local ward offices for temporary addresses are required for both candidates;
- 4 copies of passport-size photos each
- Bank voucher equivalent to Rs 500 as a court fee
For Foreign Citizens, they need to submit the following documents in addition to registering court marriage in Nepal.
- No objection letter from the relevant embassy or consulate to getting married in Nepal. The notary public shall translate this into Nepali and notarize it.
- marriage-related laws in their respective country. The notary public shall translate this act into Nepali and notarize it.
Marriage Registration in Nepal
Marriage can be registered in the following ways in Nepal:
- Court Marriage: Registration of marriage in court
- Registration of Marriage in Ward Office: Registration of a social or religious ceremony for a couple that has previously been married is done in the concerned ward office.
- Registration of marriages at an embassy or consulate
Court Marriage Age in Nepal
Underage marriage is strictly prohibited in Nepal and can lead to severe punishment according to the law. The Government of Nepal has separate laws regarding the required age for marriage in Nepal.
According to Section 67 of "The National Civil (Code) Act, 2017 (2074)," anyone above the age of 20 may register their marriage with the district court where they now reside.
Conclusion
Marriage is a transcending act on a social, legal, and spiritual level. Marriage can be done and registered in various ways in Nepal, court marriage is one of them. Court Marriage is the legal union of two people as the partner.
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