Historical Development of Marriage Law in Nepal

Modern concept of marriage in Nepal is the admixture of both social ritual and social contract. Under Nepalese laws marriage is also the subject of the legal provision. In the modern era, any person can take place marriage in line with their own religious custom and tradition which has been given continuity to this era. Likewise the boy and girl as per their own choice can get married freely with as a result of falling in love affairs. It is under our legal provision that the child born due to the sexual relation of both man and woman is also deemed to have done marriage automatically . The existing Nepalese laws has not given recognition to the homosexual marriage. This elaborates the broader meaning of the marriage who are living together. With the changing in the concept of begetting the children and keeping a sexual relations if any child is born out of the sexual relation of any man and woman shall be deemed to have done marriage.

There are some of the types of the modern marriage , ie, arrange marriage, love marriage, marriage having ownership , civil marriage (registration marriage ), theft marriage of marriage by abduction and marriage by music or wagering marriage. Love marriage is such love where the boy and girl mutually love to each other that leads them to the stage of life partner. In such marriage there may or may not have the consent their guardian. There is one formal and most celebrated marriage that is the ceremonial marriage where before taking place the marriage there will be a talk of the both parties ,the bride party and bride groom party about actual taking place of marriage it is also called the arrange marriage. in this sort of marriage there come the procession of bride groom in the house of the bride and taking the god witness with the performance of the fire sacrifice such marriage will be solemnized. This marriage has been a corrupted form the Prajapatya marriage . The handing over of the girl and the self –bride groom selection procedure are done as per the rule of the Prajapatya marriage system but in practice this marriage this marriage system has been considered to be the contrivance to release self from the liability of marriage of girl. At present in Nepal this marriage is much in vogue. This marriage system is called the Hindu marriage, Marriage under Hindu Law and Vedic marriage. There is another marriage that is registration marriage. Under Civil marriage upon complying with the legal procedure, in the district court where they reside the marriage done by the deed of registration is called the registration marriage. If the parties to the marriage are out of Nepal visiting the embassy of Nepal in the country having resided by them the parties to the marriage upon complying with the procedure can get married. In accordance with the National Civil Code Act 2074 if any male or female are wishing to get married can get married by the deed of registration. Next marriage is the customary marriage. It is as culture or caste or ethnicity specific. The tradition, custom and convention of the different sub-caste are at liberty to get married as per their clan , custom and tribal culture. The autochthonous tribes are at liberty to get this sort of marriage. In some of the ethnic group or indigenous nationalities this system of marriage is in vogue.