Muluki Civil Code 2017: Marriage Provisions Explained Section by Section (2026)

The Muluki Dewani Samhita 2074 — known in English as the Muluki Civil Code 2017 or National Civil Code 2017 — contains Nepal's definitive law on marriage. The marriage provisions are concentrated in Sections 67 through 84, with divorce and dissolution in Sections 93 through 104. But reading these sections without context can be confusing — legal language does not always translate to practical understanding. This guide walks through each key section, explains what it means in plain language, and shows how it applies to real situations. If you are planning a court marriage in Nepal, these are the specific legal provisions that govern your marriage from start to finish.

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Section 67: Scope of Marriage Provisions

Section 67 establishes that the marriage chapter applies to all marriages conducted in Nepal, regardless of how they are performed — whether through a court, a religious ceremony, or a customary rite. This means:

• Hindu, Buddhist, Muslim, Christian, and all other religious marriages are subject to the same legal provisions
• Traditional or customary marriages (including those performed without formal registration) are governed by the same eligibility and validity rules
• There is no separate personal law for different religions — the Civil Code applies uniformly

Practical impact: Nepal does not have a Hindu Marriage Act, Muslim Marriage Act, or any religion-specific marriage law. The Muluki Civil Code is the single governing law for all marriages, regardless of the couple's religion or community.

Section 69: The Right to Marry

Section 69 declares that every person who has attained 20 years of age has the right to marry by their own free will. This is both a right and a protection:

• No third-party approval required: You do not need parental consent, family approval, or community permission to marry
• Inter-caste marriages protected: No one can prevent a marriage on the grounds of caste, ethnicity, or community
• Inter-religious marriages protected: A Hindu can marry a Buddhist, a Muslim can marry a Christian — the law makes no distinction
• Self-arranged marriages valid: Marriages arranged by the couple themselves have the same legal status as family-arranged marriages

Constitutional backing: Section 69 is supported by Article 38(2) of the Constitution (right to marry by free consent) and Article 18 (right to equality, no discrimination).

Section 70: The Four Conditions for Valid Marriage

This is the most important section in the entire marriage chapter. Section 70 sets out four mandatory conditions — if any one is violated, the marriage is either void (never existed) or the court will refuse registration.

Section 70(1): Both Parties Must Be at Least 20 Years Old

The age is counted on the date of application, not the date of ceremony or certificate issuance. Nepal raised the marriage age from 18 to 20 through the Civil Code 2074 — one of the highest minimums in the world. There is no "with parental consent" exception at a younger age.

If violated: The marriage is void. The person who arranged or facilitated the underage marriage faces criminal prosecution under Section 173 of the Criminal Code (up to 3 years imprisonment).

Section 70(2): Both Parties Must Give Free Consent

Consent must be voluntary, informed, and free from force, threat, fraud, or mental incapacity. The law distinguishes between:

• Complete absence of consent (forced, unconscious, mentally incapacitated) → marriage is void
• Consent obtained by deception or coercion (fraud, threats, undue pressure) → marriage is voidable (valid until court annuls it)

Section 70(3): Neither Party May Have an Existing Marriage

Both must be single, divorced (with court decree), or widowed (with death certificate). This provision is absolute — there are no exceptions for religion, custom, or any other reason.

If violated: The second marriage is automatically void under Section 175(5) of the Criminal Code. The offender faces 1–5 years imprisonment.

Section 70(4): No Prohibited Blood Relationship

The parties must not be related within the prohibited degrees: 7 generations on the paternal side and 3 generations on the maternal side (sapinda relationship).

If violated: The marriage is void from inception. For the complete guide to prohibited relationships, see our article on marriage within relatives in Nepal.

For the full eligibility checklist with practical verification methods, see our guide on court marriage requirements in Nepal.

Section 71: Voidable Marriages (Fraud and Misrepresentation)

Section 71 addresses marriages where consent was technically given but was obtained through deception:

Section 71(3): Right to Compensation

The aggrieved party can claim reasonable compensation from the party who committed the fraud. This is in addition to the right to seek annulment of the marriage.

Key limitation: The petition must be filed within a reasonable time after discovering the fraud. Continuing the marriage after discovering the deception may be treated as implied ratification. For the full annulment process, see our guide on marriage annulment in Nepal.

Sections 72–73: Void Marriages

These sections confirm that a marriage violating any of the Section 70 conditions is void ab initio — it is treated as if it never legally existed.

• Section 72: A marriage that fails to meet the conditions of Section 70 is void from the date of registration
• Section 73: Any interested person may petition the District Court for a declaration of voidness — there is no time limit for filing

Important protection: Children born during a void marriage are not penalised — they retain full legitimacy, inheritance rights, and maintenance rights from both parents. For more on this distinction, see our guide on void and voidable marriage in Nepal.

Sections 76–80: Marriage Registration

These sections establish the registration framework:

Practical note: While unregistered marriages are still legally recognised in Nepal, an unregistered marriage creates significant practical problems — difficulty proving the marriage for property claims, inheritance, visa applications, and divorce proceedings. Registration is always recommended.

Section 83: Remarriage

Section 83 governs when a person can legally marry again:

• Remarriage is permitted only after the dissolution of the previous marriage through divorce (court decree) or death of the spouse (death certificate)
• There is no mandatory waiting period after divorce — once the decree is final (after the 35-day appeal window), remarriage is immediately permitted
• There is no waiting period after the death of a spouse
• A person who remarries while a previous marriage subsists commits bigamy under Section 175 of the Criminal Code

For the complete guide to remarriage, see our article on second marriage in Nepal.

Section 84: Rights and Duties of Spouses

Section 84 establishes the mutual obligations of husband and wife:

• Cohabitation: Spouses have a mutual obligation to live together — though this does not override the right to seek divorce or the right to leave in cases of domestic violence
• Mutual respect and fidelity: Both spouses owe each other respect and faithfulness
• Joint responsibility for household: Both spouses are responsible for household management and family expenses — not only the husband
• Maintenance obligation: Each spouse has an obligation to maintain the other and their children
• Equal decision-making: Major family decisions should be made jointly — neither spouse has unilateral authority

Practical impact: These duties are enforceable. Failure to maintain a spouse can be a ground for divorce under Sections 94–95. Abandonment of cohabitation for 3+ years becomes a ground for contested divorce.

Sections 93–104: Dissolution of Marriage

The dissolution provisions are extensive. Here is a summary of the key sections:

For the full divorce process, see our guide on divorce law in Nepal.

Criminal Penalties Under the Companion Penal Code

The Muluki Criminal Code 2074 (National Penal Code) criminalises marriage law violations. These penalties operate alongside the civil provisions:

How the Civil Code Improved Women's Rights in Marriage

The Muluki Civil Code 2074 made transformative changes for women's rights within marriage:

• Equal divorce grounds: Women can now file for divorce on the same grounds as men — plus additional grounds of bigamy and marital rape (Section 95)
• Equal property rights: Wife is a coparcener with equal rights in ancestral property (Section 205); joint marital property divided 50-50 on divorce (Section 99)
• Unconditional inheritance: Surviving spouse inherits equally alongside children — no condition of remaining unmarried
• Recognition of non-financial contributions: Section 99 recognises housework, childcare, and other non-financial contributions when dividing property
• Criminalisation of marital rape: Section 219 of the Criminal Code — a first in Nepali legal history
• Elimination of bigamy exceptions: The old Muluki Ain had 5 exceptions allowing a second wife — all eliminated

For the full analysis, see our guide on women's property rights in Nepal.

How This Applies to You in Practice

Understanding the sections matters for practical situations:

• Planning a court marriage: Sections 70 (eligibility) + 76–80 (registration) define what you need and how the process works
• Already married and facing problems: Section 84 (spousal duties) and Sections 93–104 (divorce) define your options
• Discovering your spouse lied: Section 71 (fraud/misrepresentation) gives you the right to annulment and compensation
• Considering remarriage: Section 83 defines when remarriage is legal
• Foreign national marrying in Nepal: The same Section 70 conditions apply, plus a 15-day residency requirement

For the broader overview of how the Civil Code 2074 changed marriage law, see our guide on Civil Code 2074 and marriage laws in Nepal.

Conclusion

The Muluki Civil Code 2017 (2074 BS) is the single law that governs every aspect of marriage in Nepal. From the four conditions of Section 70 to the spousal duties of Section 84 to the divorce provisions of Sections 93–104, these provisions create a comprehensive framework that protects both spouses equally. Understanding what each section says — and what it means for your specific situation — is the foundation of making informed decisions about marriage, property, and family life in Nepal.

Our lawyers work with these provisions every day. Whether you need help registering a marriage, understanding your rights, or navigating a dispute, we can explain exactly how the law applies to your situation.

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