Marriage is a profound legal and emotional commitment. But not all marriages begin on the right foundation. In some cases, individuals may enter into marriage under pressure, deception, or in violation of legal standards. In Nepal, the law recognizes that such situations can lead to invalid marital relationships and it provides clear classifications for them: void marriages and voidable marriages.
Understanding these two legal categories is essential for anyone who feels trapped in a relationship that might not be lawful or just.
Void Marriages in Nepal
Marriage is more than a personal commitment; it is a legal contract governed by specific rules. In Nepal, the National Civil Code, 2074 (2017) outlines when a marriage is considered legally valid and when it is not. Some marriages, due to serious legal violations, are treated as if they never existed. These are known as void marriages.
Under Section 72 of the National Civil Code, 2074, certain types of marriages are automatically void (void ab initio), meaning they have no legal standing from the outset.
Not every marriage is recognized by law in Nepal. Under the National Civil Code, 2074 (2017), certain types of marriages are considered void from the very beginning meaning they never held any legal validity. These marriages are automatically null and void, and parties are not required to go through divorce proceedings.
Below are the major situations in which a marriage is automatically void under Nepalese law:
1. Incestuous Relationships
Marriages between individuals who are closely related by blood, such as siblings, first cousins, or other relatives prohibited by law, are considered void. Even if the couple was unaware of their relationship at the time, the court may intervene and rule the marriage void once the relation is established. This falls under Section 72(1)(b) of the Civil Code.
2. Marriage Without Free Consent
If either the man or the woman did not freely consent to the marriage due to coercion, threats, or deception the marriage is void as per Section 72(1)(a). Victims of forced or fraudulent marriages do not need to seek divorce; the marriage is considered invalid from the start.
3. Bigamy – Marriage While Already Married
Nepali law strictly prohibits a person from entering into another marriage while their previous marriage is still valid and not legally dissolved. If a man or woman remarries without first obtaining a legal partition or divorce, the second marriage is automatically void, and the person may be charged with polygamy under criminal law. This situation is covered under Section 72(1)(d) of the Civil Code.
4. Fraud and Misrepresentation
If one spouse intentionally hides or falsifies crucial information such as their real identity, marital status, or a serious medical condition—the marriage may be considered void, depending on the nature and severity of the fraud. In such cases, the court has discretion to evaluate the facts and rule accordingly.
5. Religious and Customary Violations
Some marriages may violate religious or customary laws that are legally binding in Nepal. If such laws explicitly prohibit certain types of marriages, and those marriages are still carried out, they can be declared void by the court.
Legal Consequences of Void Marriages
Per Section 72(2), any marriage that falls under the above criteria is deemed invalid from the outset (void ab initio). This means the marriage is treated as though it never existed legally, and no rights or responsibilities arise from it, including rights to inheritance, alimony, or property division.
Importantly, such marriages do not require formal dissolution through divorce because legally, they were never valid. However, Section 72(3) clarifies that despite the void nature of marriages between close relatives (clause b of Sub-section 1), marriages concluded under Section 70(2) may be exceptions and are not automatically void. This provision acknowledges cultural and legal exceptions where marriages between certain relatives are permitted under Nepali law.
Voidable Marriages in Nepal: When a Valid Marriage Can Be Cancelled
Not all marriages that seem legally valid are meant to last, especially when they are formed under questionable or unfair circumstances. In Nepal, some marriages may be considered voidable, meaning they are valid unless and until one of the spouses legally challenges them. This category is different from void marriages, which are considered legally invalid from the start.
A voidable marriage continues to carry legal weight unless it is annulled by a court. This gives affected individuals the option to exit a marriage that was based on misinformation, coercion, or legal disqualifications.
Legal Basis: Chapter 1, of the Marriage Chapter – National Civil Code, 2074 : Under Section 73 of the Chapter on Marriage in the National Civil Code, 2074 (2017), the law outlines several conditions under which a marriage can be voidable. Below are the key grounds:
1. Underage Marriage
If either spouse was under the age of 20 at the time of marriage, they may annul the marriage after turning 20, but only if they choose not to accept it. The right to challenge the marriage must be exercised soon after reaching the legal age.
2. Lack of Mental Capacity
A marriage can be annulled if one spouse was of unsound mind at the time of the marriage and unable to understand the responsibilities and implications of the relationship. This protects individuals from being bound to a marriage they couldn’t legally comprehend.
3. Undisclosed Incurable Disease or Infertility
If one partner was unaware that the other had an incurable disease such as HIV, Hepatitis B, or similar or was infertile, and this fact was concealed, the marriage becomes voidable upon discovery.
4. Hidden Physical Disabilities
A spouse can challenge the marriage if they discover that their partner has a major physical disability such as being fully deaf, blind, or having a serious mobility issue that was deliberately hidden before marriage.
5. Pregnancy by Another Person
If a woman was already pregnant by someone else at the time of the marriage and did not disclose it to her husband, he has the right to file for annulment.
6. Criminal Background of the Spouse
If one partner has a criminal conviction involving moral misconduct or serious crime, and this was not disclosed before marriage, the other spouse may challenge the marriage in court.
Challenging a Void or Voidable Marriage in Nepal: Legal Steps You Should Know
Under Nepali law, individuals who find themselves in a void or voidable marriage have the legal right to challenge it through the courts. Whether the marriage is invalid from the beginning or based on circumstances that permit annulment, it is essential to follow the correct legal process to protect your rights and ensure your marital status is properly recognized.
Here is a breakdown of the key steps involved:
Step 1: Collect Supporting Evidence
Before initiating any legal proceedings, it is important to gather reliable documentation that supports your claim. This may include:
- Birth certificates (to prove age or relationship)
- Medical reports (in case of undisclosed illness, infertility, or mental incapacity)
- Legal records (such as existing marriage certificates)
- Witness statements or proof of coercion, fraud, or concealment
Solid evidence helps the court understand the basis of your challenge and strengthens your case.
Step 2: File a Petition at the District Court
Once your evidence is ready, the next step is to submit a legal petition at your local District Court. You can do this through a lawyer or legal representative. Your petition must clearly state:
- Whether the marriage is void (invalid from the beginning) or voidable (requires court annulment)
- The grounds on which you are seeking annulment or nullification
- Relevant supporting documents
In cases involving forced marriage, threats, or risk to personal safety, you can also request a temporary protective order from the court while your case is under review.
Step 3: Court Review and Legal Outcome
After reviewing your petition and evidence, the court will issue a ruling:
- If the marriage is found to be void, it will be declared legally non-existent—no divorce is needed.
- If the marriage is voidable, the court may issue an annulment order, legally ending the union.
This process ensures that your marital status is legally clarified, and you are free from obligations that would otherwise arise from a legally recognized marriage.
Time Limitation to File a Legal Case: Don’t Delay
If you believe your marriage falls under the category of void or voidable, it’s important to act promptly. According to Section 92 of the National Civil Code, 2074, anyone who is affected or harmed by an act done under this Chapter (i.e., the chapter concerning marriage) must file a lawsuit within three months from the date the action occurred or the incident came to light.
This legal time limit also known as the statute of limitation means that if you wait too long to challenge a marriage based on fraud, force, concealment, or other invalidating reasons, you may lose your right to take legal action altogether. Courts are strict about this timeline, and late applications are generally not accepted unless exceptional circumstances are proven.