Court marriage In Nepal / Legal validity of marriage in Nepal


Court Marriage in Nepal is the right place for marriage registration in Nepal. We provide and arrange all the necessary legal documents in marriage registration. Usually, we prefer traditional marriage and register in Gau Palika and Ward Office. In this type of marriage there arise the question of legal validity of the marriage. In this article we try to shed light on the legal validity of different types of marriage including foreign marriage, marriage status gain after the child born or after pregnancy.

Pursuant to Section 67 and 74 (2) of “The National Civil (Code) Act, 2017 (2074)” marriage under following circumstances shall be considered valid.

1.Registered in ward office or Gaupalika by both if any sort of event.
2.Marriage Through the Formal or registration process in court
3.Marriage status gain From other activities
4.Marriage status gain after Child born or after pregnancy
5. Court Marriage in Abroad

1.Registered in ward office or Gaupalika by both if any sort of event.

If in case of Social event both shall register in Gaupalika and ward office. As per traditional religious rituals by a Pandit in Hinduism, by Mullas in Muslim community in front of Allah or by a Pastor of a church in Christianity, if a man and woman accept each other as husband and wife through any occasion, ceremony, formal or other act, a marriage shall be deemed valid. For marriage conducted as per social ritual such shall be registered in Gaupalika and ward office. Eligible male and female shall apply voluntary for the registration and both the husband and wife should inform Gaupalika and ward office as per section 4(a ) of birth, death and other personal event registration act 2063. Marriage in an event following rituals should have “Evidence of ceremony of marriage” as proof of marriage.

2. Marriage through Formal or registration process in court

Pursuant to section 67 of “The National Civil (Code) Act, 2017 (2074)” any person above 20 years of age can register marriage in the district court of his/her residing district. The most important document while doing court marriage is the certificate of Bachelor. Bachelor certificate should be obtained from the village body or ward office. While registering marriage in the court at least two witnesses should be present from both bride and groom side. The court shall provide marriage certificate within 2 days.

3. Marriage status gain from other activities

Marriage is to declare two persons as husband and wife in the society. The bride and groom declare that they are in marital relation as per the socio cultural and religious setting of traditional marriage. While registering the marriage in court, both should declare that they are husband and wife in front of the judge. If a boy and girl stay together for a long period in the society the Muluki dewani samhita 2074 or National civil code 2017 recognizes it as marriage.
Written declaration saying a woman my wife in the society or declaring that they are husband and wife by themselves has been endorsed relation by the supreme court in the case of Narayani Lamichhane vs Sarita Shrestha( Ne .Ka Pa) Episode 6 2074 Ashoj). If someone commits the lady to be his wife in written or oral form, it is also considered as proof of marriage as set by the precedence set by the supreme court of Nepal. Supreme court’s decision in a case of Ambika Bhattarai vs Uddhav Prasad Bhattarai (Ne. KA .Pa 2063 chapter 48 episode 4 Ni No. 7690 Page 526) also clarifies it. In that precedence if both stay as lovers or husband /wife are considered two different things. If they were in love it is not necessary, that they should get married; such theory was propounded.

4. Marriage status gain after Child born or after pregnancy

Child should have been born if a male and female cohabited for number of years under the same roof. Pursuant to Section 74 of “The National Civil (Code) Act, 2017 (2074)” if child is born due to physical intercourse then it’s a case of marriage.

5. Court Marriage in Abroad

It’s not that Nepalese marry only in nepal. It is important for a Nepalese citizen marrying in a foreign country to be eligible in nepal. If both are Nepalese citizen and residing abroad, pursuant to “The National Civil (Code) Act, 2017 (2074)” 76(2) they should apply in the embassy or consulate general.. If any Nepalese citizen registers their marriage in the court or administration of the residing nation, such shall be in accordance with section 699 and 700 of Muluki Dewani Samhita. All the formalities that has to be fulfilled in nepal shall be fulfilled abroad too.