child-marriage-in-nepal

Legal Criteria for marriage with special focus on Child Marriage

child-marriage-in-nepal

We should study the nullity of marriage. In absence of validity   to marriage in  the existing  Nepalese Laws in relation to marriage. There are void and voidable marriage. If any of the male and female desire to get married they should be in  the marriageable age. To get married the bride and bride groom should have attained the marriageable age as per the law. In accordance with the law of Nepal if both male and female want to get married both male and female should attend the age 20. In the concern of the age of the marriage there are different     age determined by laws there. In India for the marriage the female should attend the age 18 whereas the male should attend the age 21.

Under the previous laws of Nepal upon the consent of the guardian the age for the marriage was 18 otherwise it was 20. If marriage done , or caused to get married among the doer and caused to do , the following punishment will be awarded. If the marriage was done of the girl less that of 10 years then the offender will be imprisoned from 6 months up to 3 years and will be fined from one thousand to ten thousands. Thus child marriage is also the punishable marriage. If the marriage was done and caused to do of the girl child who has not attained the age 14 the person who does or caused to do it will be imprisoned for from 3 months to one year and fined 5000 rupees. If the girl’s marriage was done who is over 14 years but has not crossed 18 years the doer of such marriage and the person who causes to do it will be imprisoned up to 6 months and fined up to 10,000 or both. If the marriage of female and male not attaining the age 20 was done or caused to do it then the person who does it or caused to do it will be imprisoned up to six months and fined up to 10,000. In accordance with the law of Japan, in the consent of the both male and female if desire to get married should attain the age 16 by female and 18 by male but provided that with the consent of the guarding they should attain the age 20.

As per the law of China the female should attain the age 20 and male should attain the age 22 for the marriage. The child marriage is that marriage which is done under aged person as prescribed by the law. Under this present civil code none should enter into marriage deed under aged of 20. The marriage of male and female not entering the age 20 will not get the legal recognition. This sort of marriage is called the punishable or void marriage and if either party wants to annul it can be annulled. Under this recent law if proved the child marriage will be imprisoned up to 3 years and fined up to 30000.

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