Definition of Marriage

Marriage is an important part of life and society, marking the start of a family. This bond is based on mutual consent and is established to begin a family life. In Nepal, marriage is not only a personal and social bond but also a legal agreement between a man and a woman. It is guided by specific laws to protect the rights and responsibilities of those involved.

A marriage is considered valid under these conditions:

1. Mutual Acceptance: When a man and a woman accept each other as husband and wife through a ceremony, formal event, or any act, their marriage is considered valid.
2. Childbirth: If a child is born from the relationship between a man and a woman, it is considered that a marriage exists unless the relationship is illegal, such as in cases of rape or incest.

Eligibility for Marriage

To ensure a marriage is valid and lawful in Nepal, the following rules must be followed:

1. Consent: Both the man and the woman must willingly agree to the marriage.
2. No Close Relation: The couple should not be closely related in a way that is prohibited by law. However, exceptions are made if their ethnic or cultural traditions allow it.
3. Single Status: Both individuals must be unmarried at the time of the marriage, or any previous marriage must be legally ended.
4. Age Requirement: Both must be at least 20 years old to get married.

Freedom of Marriage

In Nepal, everyone has the right to marry and live a family life as long as they follow the law. The law also ensures:

• Marriages must be made public, regardless of how they are conducted.
• Family life is considered private and cannot be interfered with without a legal reason.

Procedure for Marriage Registration

Marriage registration is essential for legal recognition. The process depends on how the marriage is conducted.

There are two main methods:

1. Registering a Marriage After It Has Taken Place

• Application: The husband and wife must file a joint application with the local marriage registration office or a Nepali embassy if they are abroad.
• Verification: The authority will check the details of the application.
• Certificate: Once approved, a marriage certificate is issued within 15 days.

2. Marriage by Registration

Method is for couples who wish to register their marriage directly without a prior ceremony. How it works:

• Application: The couple submits an application to the District Court in Nepal or a Nepali embassy if they are abroad. The application should include:
  • Names, ages, and addresses of both parties.
  • Details of their parents and grandparents.
  • Information about any previous marriage.
  • Names of at least two witnesses.
• Inquiry: The concerned authority reviews the application and decides within 7 days whether the marriage can be registered.

Special Cases

1. Unregistered Marriages: Couples married before the current law can still register their marriage if they wish. However, their marriage is not invalid just because it was not registered.
2. Disagreement on Registration: If one party does not agree to register, the matter is referred to the court.
3. Record Keeping: The registration office keeps a record of all registered marriages.

When a Marriage Is Deemed Concluded

Even if no formal ceremony has occurred, the law recognizes a marriage under these circumstances:

• A man and a woman have a child together (except in cases of rape or prohibited relationships).

When a Marriage Is Not Allowed

Certain situations make marriage illegal, including:

• If either person is underage (below 20 years old).
• If one party misrepresents themselves, such as hiding serious illnesses, being already married, or lacking legal capacity.
• If the relationship is prohibited due to incest laws.