Court Marriage In Nepal

A commonly accepted definition of marriage is a formal union, social and legal contract between two individuals that legally, economically, and emotionally unite their lives.

Two routes of marriage are recognized,

Religious Marriage

This type of marriage is performed by a religious leader or in a religious institution, such as a church, mosque, or temple in the presence of pandit. The marriage is recognized by the religion and may also be recognized by the government later.

Civil marriage

This legal contract allows two people to get married without going through a church or religious ceremony. The marriage is celebrated and registered at the court of law and is recognized by the government. This is regulated by the Nepalese Marriage Registration Act.

Civil marriage, also known as court marriage, is a legal contract that allows two people to get married without going through a religious ceremony. It is a simple and expensive method, an effective way to get married since it does not involve any ritual. Marriage is done and registered in a court and is recognized by the government.

Is there any condition to get married in Nepal?

Yes, one can only marry after meeting certain conditions which are mentioned in section 70 of Muluki Civil Code, 2074 and they are:

• Both man and woman must accept each other as husband and wife.
• The couple who gets married must not have any blood relationship that could be punished for incest.
• Both the man and the woman must be single, unmarried or divorced.
• Both the man and the woman must have reached the age of 20.

However, the law has created a reservation for the caste (tribe) in which it is culturally acceptable to marry relatives.

Court marriage in Nepal is performed according to the legal provision mentioned in Section 77 of the Muluki Civil Code. For this Section, “man” and “woman” are collectively referred to as “Applicants”.

The requirement for paper marriage or marriage registration is very simple and straightforward. The application can be filed in the district court of the respective district in which the applicants reside. The law requires that the Man or Woman or both Applicants have spent at least 15 days in the respective district where the application is made.

Where can we apply for court Marriage in Nepal?

The applicant can approach the courts of all 77 districts.

Can you apply for court marriage in Kathmandu if you belong to another district?

Yes, you can apply for court marriage in Kathmandu if your permanent residence is out of Kathmandu. Both couples just need to stay at least 15 days before the court marriage in Kathmandu and the ward office will give you a temporary residence paper by which you can marry from Kathmandu.

What is the information required for court marriage?

The information required is,

• Applicant’s Details

• Full Name
• Address
• Occupation
• Name of (parents) father and mother
• Name of grandfather and grandmother
• Citizenship number and place of issue
• Details about previous marriage/divorce (not required for people who have never been married before).

• Details of all witnesses

• Full name
• Address
• Age
• Citizenship number and place of issue.

Documents Required:

• Application form duly completed and signed in the prescribed format [Prepared by a lawyer].
• Consent document in the prescribed format [Prepared by a lawyer].
• Letter of recommendation from the local district office for temporary residency. (This is only necessary if the application is submitted in a district other than the district of permanent residence) [Issued by the local government].
• Recommendation letter of single status issued by local ward office (वडा कार्यालय). This is required for both Applicants [issued by the respective District Applicants Office].
• Original citizenship of the applicants.
• Original citizenship of two witnesses. (each)
• Passport-sized photographs of applicants. (Total 4)
• Prescribed court fee deposited bank receipt.

Registration process of Court Marriage in Nepal

• First thing first, both applicants should fill in the application form and sign it in front of the judicial authority.
• The court checks all documents, registers the application and schedules an appointment.
• On the appointed date both parties and their witnesses must be present in court.
• If all required documents are submitted and all legal conditions are met, the judge approves the application and the court administration issues a marriage registration certificate.

Conclusion

Therefore, marriage is an important step in a person's life and its registration under the law guarantees its legal sanctity. In Nepal, the process of court marriage registration is simple and requires applicants to meet certain legal requirements and submit necessary documents.