Legal Recognition of Marriage in Nepal

The legal recognition of marriage in Nepal involves several steps, and it's essential to comply with the country's laws and regulations. Here is a general overview of the process:

Governing Laws and Definition for the Recognition of Marriage

In line with Article 67 of the 2017 National Civil Code, an individual, whether male or female, is considered married when they mutually acknowledge each other as husband and wife through a legal, formal, or traditional ceremony.

Article 5 of the Marriage Registration Act 2058 stipulates that individuals, both male and female, intending to marry must fulfill the prescribed eligibility criteria and complete the application process for marriage registration outlined in Article 4 of the same Act.

Note: The marriage is legally recognized if it follows the due procedure and provisions mentioned in the laws of Nepal.

1. Eligibility

   First, a couple must ensure that both parties meet the legal requirements for marriage. This includes being of a legal age to marry (20 years for both men and women), not being closely related, and having the mental capacity to understand the consequences of marriage.

2. Marriage Registration Act

   The legal framework for marriage in Nepal is governed by the Civil Code of Nepal 2074 and the Marriage Registration Act. This act outlines the procedures for the registration of marriages in the country.

3. Marriage Registration Application

   After the notice period, the couple can submit a marriage registration application to the local District Court of Nepal

4. Documentation

    

   • The following documents are required:
   • Passport or citizenship certificate
   • Birth certificates
   • Passport-sized photographs
   • If either party is widowed or divorced, relevant documents proving the same

    

5. Marriage Ceremony

   A marriage ceremony can be conducted according to cultural or religious practices, but the legal aspect is completed through the registration process.

6. Registration Certificate

   Once the application is processed, and all requirements are met, a marriage registration certificate is issued. This certificate is legal proof of the marriage.

7. Marriage Certificate

   A marriage certificate is issued by the concerned authorities, providing official documentation of the marriage. This certificate is important for various legal and administrative purposes.

8. Legal Recognition

   A marriage registered in Nepal is legally recognized. This recognition extends to both local and international jurisdictions.

9. Post-Marriage Formalities

   After the marriage is registered, couples may need to update their marital status in various official documents, including passports and other identification.

It is advisable that couples from other countries, including non-resident Indians (NRIs), should check with their respective embassies or consulates for any additional requirements related to their home country.

Conclusion

The legal recognition of marriage in Nepal is a process that involves meeting the eligibility criteria, submitting the marriage registration application, conducting the marriage ceremony, obtaining the registration certificate and the marriage certificate, and completing the post-marriage formalities. The marriage is legally recognized in Nepal and other countries, as long as it follows the laws and regulations of both the home country and Nepal.