Which marriage remains valid in the beginning but after the dissatisfied party with their complaint in the court can annul the marriage is called the voidable marriage. The provisions related with the voidable marriage had been provided under the chapter of marriage of number 2 the following 10. In accordance with that if the doer of the marriage both female and male without attaining the age 16 have done marriage .When they attain the age 16 if they do not accept the marriage then the marriage can be annulled. In spite of saying so , later both of them can remain accepting the marriage. Only upon the order of the court the marriage can be annulled. Thus the marriage should be a valid. None should get marriage in the blood relations or relation in either mother side and father side. Which marriage the law has declared to be the existence less or out of efficacy , such marriage is called the void marriage. Such marriage is not considered to be the marriage. In the position of being void except as getting married to be punished in the incestuous crime if one party in the marriage got married without knowing the fact the party who gets married will not be punished. The marriage punishable by the offense of the incest is considered to be the void marriage. If marriage done it separates both wife and husband. Without the consent of both the husband and wife if marriage is done forcefully ,such marriage will be void. The dissatisfying party only upon making the complaint the marriage to be annulled is called the voidable marriage. Unless a party makes a complaint and becomes a void till then the marriage will be effective and maintained. One of the parties in the marriage not annulling in accordance with law if does the next marriage then doer of such marriage will be punished with the offense of polygamy. If marriage took place not attaining the age 20 when attains the age do not consent then the marriage shall be voidable. The marriage took place misleading or misrepresenting the either party will be declared a voidable marriage. If in the male and female the following circumstances exists in these matters without informing to each other if marriage is done misrepresenting one of the parties then such marriage can be annulled.
If one of the parties suffers from the HIV or Hepatitis B or such serious disease of the incurable nature,
Having no sexual organ, or infertile or proved to have been incapable to reproduce any child,
Totally being dumb and deaf ,or being totally blind or having the leprosy,
Having no sound mind,
Once married
Being pregnant
Convicted criminal in the criminal offense of showing a moral turpitude and have been sentenced by the court.
Hello, is possible to get more information about void marriage
Will getting marry to own mother’s sister’s daughter will be punishable in incest crime? is such marriage is void according to Nepalese law? If such marriage is void do we need to get any document to get married again.
Just checked online translation of law book where it has mention if someone have relation with younger sister or elder sister born and descending from same grandfather is incest.
Younger sister and elder sister does it means sibling or first cousin as well?
If it is first cousin as well than why they mentioned younger and elder sister instead of cousin
Will be appreciate if I can get little more information.
Thank you
Hello Aksa.
Greetings from Kathmandu.
I’m here to adress all of your queries. Let’s breakdown your questions one by one.
1. Regarding the matter of marrying your own mother’s sister, than it is crime under chapter of incest. Section 172 of Muluki Criminal code and section 72(1) (B) of Muluki Civil code of Nepal. So it is void marriage until it’s permitted through your religion from time immemorial. Such as Magar, Gurung and Tamang people can conduct marriage within phupu chela or between maternal uncle and her daughter.
To adress your another question, two girls born from a same grandfather but different father are known as cousins but in some places they are said younger sister and elder sisters too.
So I hope you got all of your answers.
If you have still any queries than you can simply ask again.
Nice to meet you
Thank you 💗
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