Court Marriage Lawyer in Nepal

Court Marriage Lawyer in Nepal, as per National Civil Code, stipulates that if a man and a woman accept each other as husband and wife through any occasion, ceremony, formal, or other act, a marriage shall be deemed to have been concluded. Similarly, Marriage is a permanent, inviolable and holy social and legal bond, which is based on free consent and established to start conjugal and family life between a man and a woman. Every person has the freedom to conclude a marriage, establish a family and spend a conjugal life. A marriage must be made, or caused to be made, public irrespective of the manner used to conclude it.

This Article provides a complete guide of Court Marriage Registration in Nepal, the best marriage lawyer in Nepal along with the documents required for Court Marriage.

Court Marriage Lawyer in Nepal

1. Adv. Muktinath Acharya
2. Adv. Amit Karna
3. Adv. Deepak Khanal
4. Adv. Sabita Gurung
5. Adv. Ashish Bal
6. Bhawana R.L. Shah

Requirement of Court Marriage in Nepal

Man and the Woman must agree to accept each other as husband and wife, but even if there is consent, bigamy does not have validity of marriage.There is no marriage between men and women who are within the prohibited degree of relationship by consanguinity or affinity. All relationship within 7 generations of one’s lineage should be understood as prohibited relationship by consanguinity or affinity. But, marriage can be made or cause to be made within the relationship that is allowed to marry in accordance with the practices prevailing in their ethnic community or clan. Another marriage should not be done If matrimonial relationship of both the man and the woman is existent. Both men and women must complete twenty years of age. Marriage should be registered. But, just because it is not registered does not mean that such a marriage will not be legally recognized.

Conditions for voidable marriage in Nepal

1. One who has contracted human immunodeficiency virus (HIV) or Hepatitis ‘B’ or similar other incurable severe disease,
2. One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability,
3. One who is dumb or has lost hearing capacity, being fully blind or is suffering from leprosy,
4. One who is of unsound mind,
5. One who is already a married,
6. One who is a pregnant,
7. One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same.

Conditions for Marriage to be ipso facto void in Nepal

A marriage concluded without consent of the man or the woman,

A marriage concluded between the relatives, punishable by law on incest.

Except in cases where a man or woman is living separately upon partitioning their property according to the law, a subsequent marriage entered into by a married man or woman while the marital relationship still exists,

Marriage concluded by way of misrepresentation

Marriage to be deemed concluded if child is born from physical intercourse:

If a woman is proved to have delivered a child by conceiving pregnancy from physical intercourse with a man, marriage between such a man and a woman shall, ipso facto, be deemed to have been concluded. But no marriage shall be deemed to have been concluded between a man and a woman in any of the following circumstances even if a child is born from physical intercourse with the man:

1. If a woman gives birth to a child by conceiving pregnancy as the consequence of rape,
2. If a woman delivers a child by conceiving pregnancy from a physical intercourse with a man within the relationship punishable by law on incest.
3. If both man or woman have not reached the age for marriage,
4. If it results in a bigamous marriage.

No lawful rights of child already born to be prejudiced:

There shall be no prejudice in the lawful rights of a child already born from a marriage if the marriage becomes void or the marriage is got voided. The child will receive all the rights from the parents as per the law.

Procedure for Marriage Registration Nepal :

Both husband and wife should register their marriage by filing an application in the authority specified by law. Both or either of husband and wife can file an application for the registration of marriage.

A husband and wife residing outside Nepal can file an application for the registration of marriage in the Nepali embassy or consulate general located in the country in which they have been residing.

If an application is filed for the registration of a marriage, the concerned authority shall, after registering the marriage in the marriage book maintained in the office, issue the marriage registration certificate, in the form as specified by the prevailing laws of Nepal, to the applicant, within fifteen days of the filing of the application.

If the marriage cannot be registered according to the application filed, the concerned authority should give the applicant information, specifying the reasons therefor, within seven days of the filing of the application.

If any one party does not appear for the registration of a marriage according to the application filed, the concerned authority should register the marriage after inquiring into such a party.

If the party who was not present expresses disagreement to the registration of marriage, the concerned authority should not register the marriage and inform the applicant that the decision on that matter shall be made as decided by the court.

The concerned authority should safely maintain the records of the details of the registration of marriage.

If a couple who have already concluded marriage prior to the commencement of this Act but have not registered the marriage may, if they so desire, get their marriage registered. Provided that the marriage of such a couple shall not be deemed to be legally invalid merely for the reason that such marriage is not registered.

Marriage by registration in Court in Nepal:

If a man and a woman desire to conclude marriage by registration, they should file an application in the concerned District Court, if they are in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal, specifying therein their name, surname, age, address, profession, name of their father, mother, grand-father, grand- mother, whether previously married or not, if married, the details of the dissolution of marriage and also the name of at least two witnesses.

In order to file an application, either the man or the woman or both must have resided since at least fifteen days ago in the concerned district if the application has to be filed in the District Court, and, if the application is to be filed in the embassy or consulate general, in the country in which such an embassy or a consulate general is situated.

Decision to be made as to whether marriage is capable of being concluded:

If an application is filed for the conclusion of a marriage by registration, the concerned authority must make, after making necessary inquiry, a decision within seven days of the filing of the application, as to whether or not the marriage is capable of being concluded.

If the concerned authority based in a foreign country has suspicion about the proposed marriage, the authority should submit the matter to the Government of Nepal and settle the matter according to the decision of the Government of Nepal.

Provisions relating to registration of marriage in Nepal:

The concerned authority should register such a marriage in the registration book, which has to be signed by such an authority and also by the parties to the marriage and witnesses present.

Once the marriage is registered, the concerned authority should issue a marriage registration certificate, in the form specified by the prevailing of Nepal, to the parties to the marriage registration. Marriage shall be deemed to have been concluded between the applicants from the date on which the marriage registration certificate is obtained.

Provision relating to use of surname by married woman:

A married woman can, after marriage, use the surname used by her father or mother or the surname of her husband or both the surnames.

If a question arises as to the surname of a married woman, except as otherwise proved, she is deemed to have used the surname of her husband.

If the marriage of a woman who has used the surname of her husband is dissolved, she can, if she so desires, use the surname used by her father or mother.

Matrimonial relationship deemed to be terminated:

(a)  If marriage is annulled,
(b)  If marriage is dissolved according to law between husband and wife,
(c)  If the wife concludes another marriage before effecting divorce pursuant to law.
 

Re-marriage may be concluded:

(a)  If the matrimonial relationship between husband and wife is terminated,
(b)  If husband or wife dies,
(c)  If husband and wife are separated upon partition in accordance with law.
 

Legal Punishment of Marriage in Nepal :

No marriage shall be concluded, or caused to be concluded, without the consent of the persons getting married. A marriage concluded without the consent shall be void. A person who commits such offence shall be liable to a sentence of imprisonment for a term not exceeding two years and a fine not exceeding twenty thousand rupees.

Except as otherwise customarily practiced, no person shall conclude, or cause to be concluded, marriage with one who is within the prohibited degree of relationship by consanguinity or affinity.Where a marriage has been concluded knowingly, the person concluding such marriage shall be liable to the sentence imposable for the offence of incest and a person causing the conclusion of such marriage shall be liable to a sentence of imprisonment for a term not exceeding three months or a fine not exceeding three thousand rupees or both the sentences, and such marriage shall, ipso facto, be void.

No marriage shall be concluded or cause to be concluded unless parties to the marriage have attained twenty years of age. Such marriage shall, ipso facto, be void. A person who commits such offence shall be liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

No marriage shall be concluded, or caused to be concluded, upon having asked for, or on the condition of receiving or giving of, any type of movable or immovable property, dowry or any property from the bridegroom or the bride side, except such ordinary gift, donation, money or one set of jewelry worn on the body as has been practiced in his or her custom. A person who commits such offence shall be liable to a sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both the sentences.

No person shall, after the conclusion of marriage, ask the bride or her relative for any movable, immovable property or dowry, or make, in any way, any annoyance, harassment or inhuman or degrading treatment to the bride or her relative for the reason that such movable, immovable property or dowry has not been given. A person who commits this offence shall be liable to a sentence of imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both the sentences.

No married man shall, during the continuation of the marital relationship, conclude another marriage. Similarly, no woman shall conclude marriage with a man knowingly that he is already married. However, a man or woman may marry again if the husband and wife have got separated upon making partition in accordance with law. A person who concludes, or causes to be concluded a marriage knowingly that either person is already married, shall be liable to a sentence of imprisonment for a term of one year to five years and a fine of ten thousand to fifty thousand rupees. Such marriage shall, ipso facto, be void.

Statute of limitation:

A person aggrieved from any act done or action taken may make a lawsuit within three months after the date on which such act was done or action taken.

Court Marriage Lawyer in Nepal

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Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The law office shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.