Introduction
Court marriage in Nepal is a legally recognized procedure through which a man and a woman can formalize their marital relationship without a traditional ceremony. It is governed primarily by the National Civil Code, 2074 (2017), especially Part 4, Chapter on Marriage, and updated procedures recognized by the Government of Nepal. It emphasizes free consent, legal eligibility, and public registration. Medha Law and Partners Is a leading law firm in Nepal.
Legal Recognition of Marriage
According to Section 67 of the National Civil Code, marriage is deemed concluded if a man and woman accept each other as husband and wife through any ceremony or act, formal or informal. The law further establishes that marriage is a permanent and holy social and legal bond based on free consent.
Under Section 69, everyone has the freedom to marry, establish a family, and maintain conjugal life, subject to law. Public declaration of marriage is mandatory, regardless of how the marriage is concluded.
Conditions for Marriage
As per Section 70, marriage can be concluded if:
- Both parties agree to accept each other as husband and wife.
- They are not close relatives prohibited by law due to incest restrictions.
- Neither party has an existing marital relationship.
- Both are at least 20 years old.
An exception allows marriages within certain ethnic or community traditions that permit otherwise restricted unions.
Registration of Marriage in Nepal
Section 73 and 74 – Regular Marriage Registration:
Married couples must register their marriage with the designated authority specified by the Government of Nepal. An application must be submitted by both or either party. If the couple is abroad, they may apply at the Nepali Embassy or Consulate General in their country of residence.
- Upon submission, the concerned authority must register the marriage in the official register and issue a Marriage Registration Certificate within 15 days.
- If registration is denied, reasons must be provided within 7 days.
- If one party does not appear, the authority may inquire and proceed with registration. If the absent party objects, the matter is referred to the court.
- Non-registration does not invalidate the marriage but may affect legal documentation.
Court Marriage via Application (Marriage by Registration)
As per Sections 77–80, couples may directly conclude marriage through court registration:
- Application Filing:
- File at the District Court (if in Nepal) or Nepali Embassy/Consulate (if abroad).
- Include full personal details, marital history, and two witnesses.
- Residency Requirement:
- At least 15 days of residence in the district or host country is mandatory before applying.
- Inquiry and Approval:
- The authority must verify eligibility and decide on the validity of the application within 7 days.
- If suspicion arises abroad, the matter is referred to the Government of Nepal.
- Consent Deed and Registration:
- If approved, a Deed of Consent is prepared and signed by the applicants and witnesses.
- Marriage is registered in the book and signed by the authority and all parties.
- Marriage Certificate:
- A Marriage Registration Certificate is issued, marking the legal conclusion of marriage.
Legal Effects and Documentation
Once registered, the marriage carries all legal rights and obligations. It forms the basis for spousal rights, citizenship applications, social security benefits, inheritance, and family law protections.
The authority responsible must preserve the marriage records permanently as per Section 73(7). Additionally, any couple married prior to the Act’s commencement may still register their marriage retroactively for documentation purposes (Section 73(8)).
Conclusion
The court marriage process in Nepal is transparent, accessible, and governed by clear legal frameworks. By fulfilling the conditions of consent, eligibility, and public registration, couples can formalize their relationship with full legal recognition.