Bigamy occurs when a person marries someone while still being legally married to another individual. In most legal systems, this is considered a criminal offense.
In Nepal, bigamy refers to the act of marrying another person while a previous marriage is still legally valid and has not been dissolved. This practice is strictly prohibited under Nepali law. According to the provisions related to marriage offenses in the national Criminal Code, such an act is a criminal offense.
If a husband or wife enters into a second marriage without legally ending the first one, the second marriage is considered void from the beginning. The person involved can face criminal charges, including fines and imprisonment, depending on the circumstances.
Nepali law recognizes the serious consequences of bigamy, not just for the individuals involved but also for family, inheritance, and property matters. Therefore, it is essential to ensure that any existing marital relationship is formally dissolved through the legal process before entering into a new marriage.
Bigamy, entering into a marriage while still legally married to another is considered a seriomaus offense under Nepali law. The national Criminal Code, 2074 (2017) has specific provisions to prevent and penalize this practice. These laws are designed to uphold the sanctity of marriage and protect individuals especially women from fraudulent or deceitful marital arrangements.
What Does the Law Say About Bigamy?
Section 175 of the Criminal Code clearly prohibits bigamy in Nepal for men. Here’s a simplified breakdown of what the law provides:
- Married men cannot remarry: A man who is already married is legally prohibited from entering into another marriage while his current marriage is still in effect.
- Women cannot marry knowingly married men: A woman is also not allowed to marry a man if she knows he is already legally married to someone else.
- Exception – Partition-Based Separation: The law provides one exception. If the husband and wife have legally separated and completed the partition of property as per the law, either spouse is permitted to remarry. This is considered a formal end to the marital relationship, even if not legally divorced, allowing for a second marriage.
What Happens If Someone Violates This Law?
Bigamy is treated as a criminal offense in Nepal. If someone violates these provisions:
- They may face imprisonment ranging from one year to five years.
- Additionally, they may be fined from NPR 10,000 to NPR 50,000.
- The second marriage is considered legally void from the beginning (ipso facto void). This means that even if the ceremony took place, the law does not recognize it as valid.
Furthermore, not only the person who commits bigamy but also any individual who helps facilitate or knowingly participates in such an illegal marriage can be held liable under this section.
Time Limit for Filing a Complaint (Statute of Limitation)
As per Section 176 of the Criminal Code, there is a strict time limit to report bigamy:
- A complaint must be filed within three months from the date the aggrieved party (usually the first spouse) becomes aware of the offense.
- If the complaint is not filed within this time, the case may not be admitted in court.
This provision ensures that cases are brought promptly, while also protecting the accused from indefinite liability.
Special Clause on Past Marriages
Importantly, the law states that the current bigamy provisions do not affect marriages conducted legally under the previous laws, before the national Criminal Code, 2074 came into effect. In other words, this law does not apply retroactively.
Conclusion
Nepal’s laws on bigamy are clear and stringent. They aim to discourage multiple concurrent marriages, protect spouses (particularly women) from deception or abandonment, and maintain legal clarity in marital relationships. If you suspect that your spouse has committed bigamy or you’ve unknowingly entered a second marriage without knowing the other person is already married, you are legally entitled to take action. However, due to the three-month time limit, it’s crucial to act quickly and consult a lawyer as soon as possible