Laws relating to Polygamy Marriage in Nepal

Polygamy Law in Nepal

Marriage is a socially, legally, or formally recognized union of two peoples union as partners in their personal relationship, which is also sanctioned legally and socially by rules, customs, beliefs, and attitudes that prescribe rights and duties of the partners and also provide status to their offspring. According to Section 68 of the National Civil Code, 2074 B.S., marriage is a permanent, inviolable, holy, socio-legal bond that is based on free consent and established to start conjugal and family life between a man and a woman.

Polygamy is defined as the practice of marrying multiple partners. Polygamy is a generic term that encapsulates the two marital relationships. The first term is "polygyny," which means a situation where one man marries more than one woman. Similarly, the second term is "polyandry," which is the marriage of more than one man by one woman. Hence, polygamy prevailed in Nepalese society, but now, in today's time, the law has limited any person to do polygamy. Thence, polygamy in Nepal is morally and legally wrong today and is a crime if done by any person. Similarly, when one person married another person, he/she is not allowed for second marriage and if he/she did second marriage then that will be considered illegal and the law has declared such marriage as voidable.

Section 175 of the National Penal Code, 2074 B.S. provides that no married man shall, during the continuation of the marital relationship conclude another marriage, similarly, sub-section 2 of the said section provides that no woman shall conclude marriage with a man knowing that he is already married. Thence, there is the creation of criminal liability of one (1) to five (5) years of imprisonment and a fine of ten thousand to fifty thousand rupees if done of polygamy marriage by anyone.

Likewise, according to the National Civil Code, 2074 B.S. Section 71(2) (e) "No one shall conclude, or cause to be concluded, marriage with a man or woman who is already married, by way of misrepresentation". Furthermore, Section 71(3) empowers a person who is aggrieved by the conclusion of marriage by way of misrepresentation with a person who is already married to other people to get such a marriage voided and claim reasonable compensation from the person who concludes or causes to be concluded, marriage by misrepresentation.

There is a limitation in the case of polygamy, as per Section 176 of the National Penal Code, which provides that ", No complaint about this allowed the expiration of three months from the date of knowledge of the commission of the offense." The case should be filed in the form of an F.I.R. (First Information Report) at the nearest police station, and as per law, the first spouse can file a case against the spouse for committing polygamy. The concerned police officer, after investigating the offense, prepares a case file, which is sent to the concerned District Government Attorney's Office. Likewise, the charge sheet by the government attorney shall submit to the concerned District Court within the time limit on the basis of adequate proof and evidence collected.