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Relevant Questions and Answers on Court Marriage in Nepal
  1. What is a court marriage?

Answer: - "Court Marriage", also called as "paper marriage'' is a legal process to get married. The marrying couples will appear before the competent court, and by signing the legal papers before the respected judge, the marriage will be registered.

  1. How long does court marriage take in Nepal?

Answer: In Nepal, normally it takes 16 days for a court marriage.

 

  1. What is the age bar for marriage in Nepal?

Answer: The age bar will be according to Nepalese law ,i.e: 20 years for marriage in Nepal.

  1. What are the rules for court marriage in Nepal?

Answer: Section 70 of the Muluki Civil Code lists the following criteria for a man and woman to get married:

  • Both men and women must accept each other as wives and husbands.

  •  Marrying couple must not be in blood relation such that they can be punished for incest. 

  • Both man and woman must be unmarried, single or divorced.

  • Both men and women must have attained 20 years of age.

  • However, the law has created a reservation for that tribe/caste where it is culturally acceptable to marry one's relatives.

 

  1. Which legal provision is applicable for the registration of court marriages in Nepal?

Answer: Section 77 of the Muluki Civil Code is applicable for registration of court marriages in Nepal.

 

  1. Can foreigners have marriages in Nepal?

Answer: Yes, a foreign resident can have a court marriage in Nepal, but they must demonstrate that they have stayed at least 15 days in the country where the application is being filed.

 

  1. Can a person have a court marriage in another district in Nepal?

Answer: Yes, the man requires the man, or woman or both applicants to have stayed at least 15 days in the respective district where the application is being filed.


 

  1. Do lawyers need to be present for court marriages in Nepal?

Answer: Yes, only the court can issues the certificates; therefore, according to the Muluki Civil Code 2075, only lawyers can help with court marriages in Nepal.

 

  1. How much money is required to do a court marriage in Nepal?

Answer: The court will charge Rs. 500 for the court marriage in Nepal, which is paid on the bank voucher, and the voucher is being submitted with the application to the court.

 

  1. How much money does a lawyer charge for a court marriage in Nepal?

Answer: The lawyer's fee is not fixed; therefore, the negotiable charged with the client will be charged by any lawyer to conduct the court marriage in Nepal.

 

  1.  How does the marriage certificate get collected?

Answer: The marriage certificate can be collected from any district court of Nepal in which the married is being conducted as per the person's wish on the same day or the next day.

 

  1. When someone gets married, does she have to take her husband's last name?

Answer: As per Section 81 of the National Civil Code of Nepal, there is a provision that provides an option relating to the surname, as she may either keep her own last name, take her husband's last name, or may use both a combination of her last names.

 

  1. What is a "No Objection Letter"?

Answer: "No Objection Letter" means the letter that indicates that the person is either single or unmarried. In the case of foreigner, he or she obtains a no objection letter by visiting their respective embassies, and for Nepali citizens, he or she may visit a local village development committee or Municipality. He or she must show official documentation of their unmarried status.

 

  1. Do witness need to be present for court marriages?

Answer: Yes, as per Section 77 of the National Civil Code 2074, it is mandatory for at least two witnesses.

 

  1.  What are the advantages of court marriage?

Answer:  The advantages of court marriage are as follows:-

  • The process is fast and rapid, which saves the time.

  • It is cost- effective.

  • It is a formal registration that is done in court.

  • There are no additional limitations. As the required documents as per law are fulfilled, there is no need to worry about any social or family affairs. Especially, it is favorable for inter caste and inter religious marriages and more useful for those going for dependent status in foreign countries as it is formal proof of the marriage of anyone.

  • A Certificate of marriage is provides the social security, self-confidence to the couples, particularly married women, and a certificate of marriage is useful to claim rights when things go wrong.

 

  1.  What are the documents required for court marriage in Nepal?

Answer: The documents required from Nepali Citizens for court marriage in Nepal are:-

  • Duly filled and signed application form in the prescribed format and the consensus paper in the prescribed format. (It is prepared by the Attorney).

  • Recommendation letter from the local ward office for temporary residence. (This is required if the application is filed in a different district than the applicant's permanent residence, which is issued by the local government.)

  •  Single /Unmarried status recommendation letter issued by the local government. (This is required by both applicants, who are issued by their respective ward office).

  • Original citizenship of the Applicants.

  • Original citizenship of two witnesses.

  • Passport sized photographs of Applicants.

Now, for the foreign citizens the required documents are as follows:-

  • No Objection  Certificate, Unmarried ,or Single Affidavit by Embassy(must be notarized)

  • A copy of the marriage law of the respective country. (Must be translated into Nepali and attested by Nepali Notary public.)

  • Passport and valid visa issued by the Government of Nepal (must be notarized by a Nepali Notary public).

  • Divorce paper ( if have divorced previously and Notarizes it)


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