Legal Recognition of Marriage in Nepal

Legal Recognition of Marriage in Nepal

Marriage is a sacred and legal bond between two people, based on mutual consent and recognized by the law. In Nepal, marriage can be performed according to the customs and traditions of different religions, castes, communities, or families. However, to ensure the legal validity and protection of the marriage rights, it is also necessary to register the marriage with the court authority. In this article, we will explain the legal recognition of marriage in Nepal.

Types of Marriage in Nepal

According to Article 67 of the Muluki Civil Code 2017 (2074), there are three types of marriage in Nepal:

• Ritual marriage: A ritual marriage is a marriage that is performed according to the customs and rituals of a particular religion, caste, community, or family. For example, a Hindu marriage may involve rituals such as sindoor, mangalsutra, saptapadi, etc. A ritual marriage may or may not be registered with the court authority.
• Court marriage: A court marriage is a marriage that is registered with the court authority after an application is received and the legal procedure is completed. A court marriage does not require any religious or cultural ceremonies. A court marriage is also an option for foreigners who want to marry a Nepali citizen or another foreigner in Nepal.
• Love marriage: A love marriage is a marriage that is based on the mutual love and consent of two people, without any involvement or interference from their families or guardians. A love marriage may be performed as a ritual marriage or a court marriage.

Requirements for marriage registration in Nepal

To register their marriage in Nepal, applicants need to meet the following requirements:

• Both parties must agree to accept each other as husband and wife.
• Both parties must not be relatives as defined by the law.
• Both parties must be over 20 years old.
• A matrimonial relationship should not exist between them.
• If the couple belongs to a certain caste, they may be allowed to marry their relative if culturally accepted.

Applicants must also submit the following documents:

• A duly filled and signed application form
• Original and notarized copies of their citizenship and citizenship certificate of the witness
• Four passport-sized photos of each applicant

If one or both parties are foreigners who want to register their marriage in Nepal, they need to present some additional documents, such as:

• A no-objection letter or consent of freedom to marry from their embassy or consulate
• Proof of residence in Nepal for at least 15 days
• A copy of their passport with a valid visa
• A translation of the law relating to marriage in their country in the Nepali language

Procedure for marriage registration in Nepal

The procedure for marriage registration in Nepal involves the following steps:

• Both applicants fill out the application form and sign it in the presence of the court authority.
• The court verifies all the documents, registers the application, and schedules an appointment.
• On the appointed date, both parties and their witnesses must be present in court.
• If all the required documents are submitted and all the legal conditions are met, the judge approves the application, and the court administration issues a certificate of marriage registration.

Conclusion

Marriage is a significant step in one's life, and registering it with the law ensures its legal sanctity and protection. In Nepal, there are different types of marriage that can be performed according to one's preference and situation. However, to obtain legal recognition of marriage in Nepal, it is necessary to meet certain requirements and submit some documents. If you are interested in registering your marriage in Nepal, you can contact us for free consultation and assistance.