Non-Resident Nepalis (NRNs) have the legal right to marry in Nepal, but must conduct Court Marriage to ensure their marriage is recognized both in Nepal and internationally. This article provides a comprehensive overview of the NRN marriage registration process in Nepal, based on the current legal framework and practices.
Can NRNs Marry in Nepal?
Yes, Non-Resident Nepalis can legally marry in Nepal. The National Civil (Code) Act, 2017 governs marriage in Nepal and applies to NRNs as well. However, for NRNs, it is essential to engage in a court marriage first to obtain validity from embassies and ensure international recognition of the union.
Marriage in Nepal is considered concluded when a man and woman accept each other as husband and wife through traditional practice, formal means, or other acts as per prevailing laws. For NRNs, the formal court marriage process is strongly recommended to establish legal validity.
Eligibility Criteria for NRN Marriage in Nepal
The eligibility criteria for NRN marriages in Nepal are as follows:
- Age requirement: Both parties must be at least 20 years old, as stipulated in the National Civil (Code) Act, 2017.
- Consent: Both individuals must enter into the marriage willingly and of their own free will. Forced marriages are not legally recognized.
- Marital status: Neither party should be currently married to another person. Polygamy is illegal in Nepal.
- Relationship: The couple should not be closely related. The law prohibits marriages between close relatives, though exceptions may exist for certain ethnic communities or clans where such practices are customary.
- Mental capacity: Both individuals must be of sound mind and capable of giving consent to the marriage.
- Documentation: NRNs must provide valid identification, either passport, citizenship or NRN Card.
- Residency: At least one party should have a valid visa or residency status in Nepal at the time of marriage.
Where Should NRNs Conduct Their Marriage?
For NRN marriages in Nepal, the recommended and legally recognized option is a court marriage. This formal process takes place in a district court and provides the necessary legal documentation for international recognition.
The court marriage ensures that the union is officially registered and acknowledged by Nepali authorities. It also facilitates the process of obtaining embassy verification, which is often required for the marriage to be recognized in the NRN’s country of residence.
Process of Registering NRN Marriage
- Step 1: Obtain Necessary Documents for Court Marriage
- Step 2: File an Application for Marriage
- Step 3: Appearance before the Court
- Step 4: Witnesses & Oath
- Step 5: Certificate of Court Marriage
Step 1: Obtain Required Documents
The first step is to gather all necessary documents. These typically include valid passports, NRN identification cards, birth certificates, proof of single status, divorce decrees or death certificates (if applicable), an affidavit of eligibility to marry from the country of residence, passport-sized photos, valid Nepali visas or residency permits, and proof of Nepali origin (for NRNs).
Step 2: File a Marriage Application
Submit a marriage application to the district court where you plan to marry. The application should include personal details of both parties (such as names, dates of birth, and nationalities), a statement of intention to marry, a declaration of eligibility, and details of two witnesses.
Step 3: Appear Before the Court
Both parties must appear before a district court judge on the assigned date. During this appearance, the judge will verify the documents, ask questions to confirm the marriage is voluntary, and assess whether legal requirements are met.
Step 4: Witnesses and Oath
Two witnesses must be present during the court proceedings. They should be adults with valid identification who can attest to the couple’s identity and intention to marry. Both parties will also take a legally binding oath affirming their intention and the truthfulness of the information provided.
Step 5: Court Marriage Certificate
After the court process, a marriage certificate will be issued by the district court. This document includes details like the names of both parties, the date and place of marriage, signatures of the couple, witnesses, and the presiding judge, as well as the official court seal.
Also Read: Non-Resident Nepali NRN Laws in Nepal
Documents required for NRNs to Register their Marriage
- Valid passports of both parties
- NRN identification cards
- Birth certificates or equivalent documents
- Proof of single status (if applicable)
- Divorce decree or death certificate of previous spouse (if applicable)
- Affidavit of eligibility to marry from country of residence
- Passport-sized photographs of both parties
- Valid Nepali visa or residency permit
- Citizenship certificates or proof of Nepali origin (for NRNs)
- Witness identification documents
NRNs need to provide the above mentioned documents to register their marriage in Nepal.
Time Taken for Marriage Registration
The time required for NRN marriage registration in Nepal can vary depending on various factors, including document processing and court schedules. Generally, the process may take anywhere from 2 to 4 weeks from the initial application to the issuance of the marriage certificate.
Verification of Court Marriage by the Embassy
After obtaining the court marriage certificate, NRNs may need to have it verified or authenticated by their respective embassies in Nepal. It consists of:
- Submitting the original court marriage certificate
- Providing additional identification documents (passports, NRN cards, etc.)
- Paying any required embassy fees
- Completing embassy-specific forms or applications
The embassy will review the documents and may conduct their own verification process before providing authentication or recognition of the marriage.
Authorities for NRN Marriage Registration in Nepal
Three main authorities are involved in the NRN marriage registration process in Nepal:
1. Ward Office
The local ward office is responsible for recording and maintaining marriage registrations at the municipal level. After obtaining the court marriage certificate, couples must register their marriage at the ward office in the area where the marriage took place.
2. District Court
The district court plays a central role in NRN marriages. It is the authority that conducts the legal marriage ceremony, verifies documents, and issues the official court marriage certificate. This certificate is a crucial document for international recognition of the marriage.
3. Embassy of the Country of Permanent Residency
The embassy of the NRN’s country of permanent residency is involved in verifying and authenticating the marriage for recognition in that country. They may provide additional documentation or stamps on the marriage certificate to ensure its validity abroad.
Conclusion
NRNs can establish a legally valid marriage that is recognized across borders. It is a comprehensive process for legal recognition both in Nepal and internationally.
Contact NRN Lawyer in Nepal
Disclaimer: This material is presented solely for informational purposes, without constituting legal advice, counsel, or solicitation, and no liability shall arise from any actions, omissions, or reliance on its contents, directly or indirectly, in any manner whatsoever, irrespective of the jurisdiction or specific circumstances.