Voidable Marriage and Void Marriage in Nepal: What You Need to Know

Marriage is a sacred union that should be entered into with full consent and understanding from both parties involved. However, there are instances where one or both parties may have been coerced or misled into marriage, leading to a dissatisfied party. In Nepal, the law recognizes two types of marriages - voidable marriage and void marriage.

A voidable marriage is a marriage that remains valid in the beginning but can be annulled after the dissatisfied party makes a complaint in court. The provisions related to voidable marriage are provided under Chapter 2, Section 10 of the Nepalese Marriage Act. One such provision is that if the doer of the marriage, both male and female, marry without attaining the age of 16, they can annul the marriage when they reach 16 years of age if they do not accept the marriage. However, if both parties later accept the marriage, it remains valid unless a court orders otherwise.

It is also important to note that none should get married to someone in their blood relations or relations on either their mother's or father's side. Any marriage declared by law to be existence-less or out of efficacy is called a void marriage. Such a marriage is not considered valid, except for cases where one party was unaware of the blood relation at the time of the marriage. The marriage can be considered void if one party commits an incestuous crime.

Additionally, if a marriage is done forcefully without the consent of both parties, it is void. In contrast, if one party suffers from incurable diseases such as HIV or Hepatitis B, is infertile or incapable of reproducing, is totally deaf or blind, or has no sound mind, then the marriage can be annulled. If a person gets married while pregnant or if they have been convicted of a criminal offense that shows moral turpitude and has been sentenced by a court, such marriage is also considered voidable.

It is essential to note that unless a party makes a complaint and seeks to annul the marriage, the marriage will remain effective and maintained. If one of the parties enters into a subsequent marriage without annulling the previous marriage, they will be punished for the offense of polygamy.

In conclusion, it is important to enter into a marriage with full consent and understanding. The Nepalese Marriage Act provides provisions for both voidable and void marriages, and it is essential to understand these provisions before entering into a marriage. In case of any dissatisfaction or coercion, it is important to seek legal advice and make a complaint to the court.