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Nepal recorded over 400 polygamy-related cases in its District Courts between 2020 and 2025, yet the practice persists in parts of the country despite a complete legal ban. Under the Muluki Criminal Code 2074 (National Penal Code 2017), any person who contracts a second marriage while a first marriage exists faces up to five years in prison. The law applies equally to men and women, and the second marriage is automatically void from inception.
Whether you are verifying your eligibility for court marriage registration in Nepal, researching the legal consequences of bigamy, or advising a client on marital rights, this guide covers every provision of Nepal's polygamy laws with exact section numbers, penalties, and recent developments.
Polygamy in Nepal is illegal under Section 175 of the Muluki Criminal Code 2074. Any person who marries again while already legally married faces 1 to 5 years of imprisonment and a fine of NRS 10,000 to NRS 50,000. The second marriage is automatically void under Section 175(5). Both men and women are subject to the same penalties.
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What Is Polygamy Under Nepal Law?
Polygamy is the practice of having more than one spouse at the same time. Nepal's legal framework recognises two forms: polygyny (a man having multiple wives) and polyandry (a woman having multiple husbands). Both are prohibited under current law.
The term bigamy refers specifically to contracting a second marriage while the first marriage subsists. In practice, Nepal's Criminal Code uses the concept of "dual marriage" (dui biha) and criminalises any second marriage regardless of gender. The law does not distinguish between formal marriage registration and customary or religious marriage ceremonies — any form of marital union while already married constitutes bigamy.
For a detailed comparison with related practices, see our guide on polyandry in Nepal, which covers the historical context of fraternal polyandry among certain ethnic communities.
Key takeaway: Polygamy in any form — polygyny or polyandry — is a criminal offence in Nepal. There is no exception based on religion, caste, ethnicity, or cultural tradition.
What Does Nepal Law Say About Polygamy?
Two separate laws govern polygamy in Nepal — one defines the civil consequences, the other prescribes criminal penalties.
Muluki Civil Code 2074 (National Civil Code 2017)
Section 70(c) establishes that a valid marriage can only be concluded if the matrimonial relationship of both parties does not already exist. This is a mandatory precondition — not a recommendation. Any marriage contracted in violation of this condition is invalid from the start.
Section 71(2)(e) addresses fraud: if a person misrepresents their marital status to enter a new marriage, the aggrieved party can petition the court to void the marriage and claim reasonable compensation under Section 71(3).
Section 83 permits remarriage only after the legal dissolution of a prior marriage through divorce, death of a spouse, or court-ordered legal separation.
Muluki Criminal Code 2074 (National Penal Code 2017)
Section 175 is the primary anti-polygamy provision. It contains six sub-sections that define the offence, prescribe penalties, and address special circumstances.
| Sub-section | Provision |
|---|---|
| 175(1) | No person shall contract a second marriage while the first marriage subsists |
| 175(2) | A person who knowingly marries someone already married also commits an offence |
| 175(3) | Remarriage is permitted only after legal separation (divorce) or death of the first spouse |
| 175(4) | Penalty: 1 to 5 years imprisonment and/or NRS 10,000 to NRS 50,000 fine |
| 175(5) | The second marriage is automatically void (ipso facto) — no court order needed |
| 175(6) | Grandfather clause: marriages concluded before the 2074 Code are protected |
Section 176 sets the statute of limitations: a complaint must be filed within 3 months from the date the aggrieved party learns of the polygamous marriage.
Bigamy cases are classified as government plaintiff cases (sarkaari mudda), meaning they are prosecuted by the District Government Attorney's Office. This classification makes polygamy a public offence — not just a private dispute between spouses.
Key takeaway: Section 175 of the Criminal Code 2074 imposes both imprisonment and fines for polygamy, and Section 175(5) renders the second marriage void automatically — no annulment petition required.
What Are the Penalties for Polygamy in Nepal?
The penalties under Section 175(4) of the Muluki Criminal Code 2074 are:
| Penalty | Range |
|---|---|
| Imprisonment | 1 to 5 years |
| Fine | NRS 10,000 to NRS 50,000 |
| Second marriage status | Automatically void from inception |
| Compensation | Aggrieved spouse may claim reasonable compensation |
| Filing deadline | Within 3 months of knowledge of the offence |
The court determines the exact sentence based on the circumstances of the case. Factors that may influence sentencing include whether fraud was involved, the duration of the polygamous relationship, and the impact on children or the first spouse.
In the landmark case Government of Nepal v. Idris Miya, the Supreme Court established that bigamy violates legal, moral, and religious frameworks and confirmed that extra-territorial jurisdiction applies — meaning a Nepali citizen can be prosecuted for polygamy even if the second marriage was contracted abroad.
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When Is Remarriage Legal in Nepal?
Under Section 175(3) of the Criminal Code and Section 83 of the Civil Code, a person may legally remarry only in these situations:
- Divorce: The first marriage has been legally dissolved through a court-issued divorce decree
- Death of spouse: The first spouse has died, and the surviving spouse holds a death certificate
- Legal separation: The court has formally ordered separation and partition of property
Under the current 2074 codes, there are no other exceptions. The old Muluki Ain 1963 (National Code 2020 BS) allowed a man to take a second wife under specific conditions — such as the first wife suffering from incurable disease, insanity, blindness, or failure to bear a child within 10 years. All of these exceptions were eliminated when the Muluki Civil Code 2074 and Criminal Code 2074 came into effect on 17 August 2018.
A person seeking to remarry must first obtain a single status certificate (unmarried certificate) from their local Ward Office, which verifies that no existing marriage is registered against their name.
Key takeaway: Remarriage is legal in Nepal only after divorce or death of a spouse. The old exceptions for infertility, insanity, or incurable disease no longer apply under the 2074 codes.
How Did Polygamy Laws Evolve in Nepal?
Nepal's approach to polygamy has changed dramatically over the past 170 years.
| Period | Law | Polygamy Status |
|---|---|---|
| Before 1854 | No codified law | Widely practiced among ruling elites, some ethnic groups |
| 1854 | Muluki Ain (National Code) | First regulation — prohibited for general public, allowed for ruling class |
| 1963 | Muluki Ain 2020 BS | Punishable offence, but allowed under 5 specific exceptions (Section 9) |
| 1976 | Amendment to Civil Code | Further restricted — monogamy established as only recognised form |
| 2018 | Muluki Civil Code 2074 + Criminal Code 2074 | Complete ban — no exceptions, second marriage automatically void |
The five exceptions under the old Muluki Ain 1963 (Section 9 of the Marriage Chapter) were:
- First wife suffers from incurable venereal disease
- First wife is insane or paralysed
- First wife is blind in both eyes
- First wife fails to bear a child within 10 years of marriage
- First wife agrees to live separately after taking her share of property
These provisions were heavily criticised for being discriminatory — they applied only to men, and women could only seek divorce, not a second marriage. The 2074 codes corrected this by applying identical rules to both genders and eliminating all exceptions.
How Does Polygamy Affect Court Marriage Registration?
The court marriage registration process in Nepal includes multiple safeguards to prevent polygamy:
Pre-registration Checks
- Single Status Certificate: Both parties must obtain this from their Ward Office. The ward officials verify that no existing marriage is registered under the applicant's name. This certificate is valid for 30 days from issue.
- Citizenship verification: Original citizenship documents are cross-checked at the District Court.
- Sworn declaration: Both parties declare under oath that they are single, divorced, or widowed.
- Two witnesses: Each side provides a witness who confirms the applicant's single status.
What Happens If Polygamy Is Discovered After Registration?
If a person fraudulently obtains a court marriage by hiding an existing marriage:
- The second marriage is automatically void under Section 175(5) of the Criminal Code
- The aggrieved spouse can file a criminal complaint within 3 months of learning about the first marriage
- The aggrieved spouse can also petition the court for reasonable compensation under Section 71(3) of the Civil Code
- The offender faces 1 to 5 years imprisonment and a fine
In our experience handling 2,000+ court marriage cases since 2016, document verification is the most critical step. The single status certificate from the Ward Office is the primary safeguard, but our lawyers always conduct additional verification to protect our clients from unknowingly entering a void marriage.
Is a Polygamous Marriage Void or Voidable in Nepal?
A polygamous marriage in Nepal is void — not voidable. The distinction matters significantly for legal rights.
| Aspect | Void Marriage | Voidable Marriage |
|---|---|---|
| Legal status | Never valid from inception | Valid until annulled by court |
| Court order needed? | No — void by operation of law | Yes — requires petition |
| Applies to polygamy? | Yes — Section 175(5) | No |
| Property rights | No marital property rights | Rights exist until annulment |
Under Section 175(5), a polygamous marriage is void ipso facto — it has no legal existence from the moment it is contracted. No court declaration is necessary for the marriage to be considered void. However, the aggrieved party may still approach the court to obtain a formal declaration for practical purposes such as property disputes, custody arrangements, or inheritance claims.
For a deeper understanding of void and voidable marriages, read our complete guide on void and voidable marriage in Nepal.
What Happened with the 2025 Polygamy Amendment Proposal?
In July-August 2025, the Ministry of Law, Justice, and Parliamentary Affairs drafted an amendment to Section 175 of the Criminal Code that sparked significant controversy across Nepal.
What Was Proposed?
The proposed amendment included two new sub-sections:
- Proposed Sub-section 5A: If a child was born from a polygamous marriage or the woman was pregnant, the marriage registration would not be annulled — though the criminal penalty would still apply
- Proposed Sub-section 5B: In fraud cases, courts would order "reasonable compensation" for the aggrieved party
The stated rationale was to protect women and children born from extramarital relationships by granting them legal recognition.
Why Was It Withdrawn?
The proposal triggered massive protests from women's rights organisations, civil society groups, and female lawmakers. Critics argued it would effectively legalise polygamy by removing the automatic void provision — the most powerful deterrent in the current law. The Nepal Women's Association and other groups demanded a halt to the proposal.
Law Minister Ajay Kumar Chaurasiya assured Parliament that no bill relating to polygamy would be presented. The Council of Ministers formed a sub-committee chaired by Phanindra Gautam (Secretary at the Prime Minister's Office) to review the matter. As of April 2026, the amendment has been effectively withdrawn and has not been reintroduced.
Key takeaway: Nepal's polygamy law remains unchanged as of 2083 BS (April 2026). The automatic void provision under Section 175(5) is intact, and no amendment is pending.
Common Mistakes About Polygamy Laws in Nepal
Based on the legal consultations we handle regularly, these are the most common misconceptions:
- "Religious or customary marriages don't count." Wrong. Any form of marital union — registered or unregistered, religious or civil — constitutes marriage under Nepal law. A second marriage in any form is polygamy.
- "If my first marriage was never registered, I can marry again." Wrong. An unregistered marriage is still a legally recognised marriage in Nepal. The absence of registration does not dissolve the first marriage.
- "Polygamy is allowed for certain castes or religions." Wrong. The 2074 codes apply uniformly to all citizens regardless of religion, caste, or ethnicity. There are no religious exemptions.
- "I can marry again if my spouse has been missing for years." Wrong under current law. You must obtain a court declaration of presumed death or file for divorce before remarrying. Simply being separated — even for decades — does not legally dissolve a marriage.
- "The 3-month filing deadline means I'm safe after that." Partially correct. The statute of limitations under Section 176 is 3 months from the date of knowledge — not from the date of the second marriage. If the aggrieved party discovers the polygamy years later, the 3-month clock starts from that discovery date.
Frequently Asked Questions
No. Polygamy is illegal in Nepal under Section 175 of the Muluki Criminal Code 2074. Any person who contracts a second marriage while already legally married faces 1 to 5 years imprisonment and a fine of NRS 10,000 to NRS 50,000.
The punishment is 1 to 5 years imprisonment and/or a fine of NRS 10,000 to NRS 50,000 under Section 175(4) of the Criminal Code 2074. The second marriage is also automatically declared void.
No. A second marriage contracted while the first marriage exists is automatically void under Section 175(5) of the Criminal Code 2074. It has no legal existence from inception — no court order is needed to declare it void.
Polygamy is the broader term for having multiple spouses simultaneously. Bigamy specifically means contracting a second marriage while legally married to another person. Nepal law criminalises both under Section 175 of the Criminal Code 2074.
Not directly. You must first obtain a court declaration of presumed death or file for divorce. Simply being separated — even for years — does not dissolve the marriage. Remarrying without a legal dissolution constitutes polygamy under Nepal law.
You can legally remarry only after divorce (court-issued decree), death of your spouse (with death certificate), or court-ordered legal separation with property partition. These are the only three grounds under Section 175(3) of the Criminal Code and Section 83 of the Civil Code.
Yes. The Muluki Criminal Code 2074 applies the same penalties to both men and women. Under Section 175(2), a person who knowingly marries someone already married also commits a criminal offence.
The complaint must be filed within 3 months from the date the aggrieved party learns of the polygamous marriage, as per Section 176 of the Criminal Code 2074. The clock starts from the date of knowledge, not the date of the second marriage.
No. The Muluki Criminal Code 2074 contains no exceptions for polygamy based on religion, caste, infertility, insanity, or any other ground. The old exceptions under the Muluki Ain 1963 were eliminated when the 2074 codes took effect in August 2018.
Both. Polygamy is a criminal offence under Section 175 of the Criminal Code (imprisonment and fine) and has civil consequences under the Civil Code (void marriage, compensation). It is classified as a government plaintiff case (sarkaari mudda).
Both parties must submit a single status certificate from their Ward Office, provide original citizenship documents, make a sworn declaration of single status, and present two witnesses. These safeguards verify that neither party has an existing marriage.
Partially. Under the Muluki Ain 1963, men could take a second wife under five specific conditions including infertility and insanity of the first wife. These discriminatory exceptions were fully eliminated by the Muluki Civil Code 2074, effective August 2018.
The proposed amendment to Section 175 was withdrawn after protests from women's rights groups and lawmakers. Law Minister Ajay Kumar Chaurasiya confirmed no polygamy bill would be presented in Parliament. As of April 2026, Nepal's polygamy law remains unchanged.
Yes, if the marriage was contracted in Nepal. Nepal's courts have extra-territorial jurisdiction over bigamy cases involving Nepali citizens. Foreign nationals marrying in Nepal must also submit documents proving their single status, including an embassy NOC.
Yes. Nepal law recognises both registered and unregistered marriages. An unregistered religious or customary marriage is still a valid first marriage. Contracting a second marriage without dissolving the first — registered or not — constitutes polygamy.
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