Court Marriage in Nepal: Court Marriage Process in Nepal

Legal meaning of marriage

• Marriage is a permanent and specific relationship or bond between two individuals of opposite sex and based on mutual obligations and rights.
• A contract between a man and a woman as spouses in a legal, consensual, and contractual relation recognized and dissolvable only by law.

Legal age for marriage in Nepal

• According to the National Civil Code, 2074, the legal age for marriage for both men and women is 20 years.

Conditions required for court marriage in Nepal:

National Civil Code, 2074, provided certain conditions for lawful marriage in Nepal:

• If both the man and the woman have attained twenty years of age.
• If the man and woman are not relatives punishable by law on incest.
• If a man and woman agree to accept each other as husband and wife.
• If the matrimonial relationship between the man and the woman does not exist.
• If the matrimonial relationship between the man and the woman does not exist.

As per Civil Code, 2074, there are certain conditions where marriage cannot be conducted by way of misrepresentation:

• One who has contracted human immune deficiency virus (HIV) or Hepatitis ‘B’ or similar other incurable diseases.
• One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability.
• One who is dumb or has lost hearing capacity, being fully blind or is suffering from leprosy,
• One who is of unsound mind.
• One who is already married.
• One who is pregnant.
• One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same

How and where can marriage be conducted in Nepal?

In Nepal, basically in three (3) ways marriage can be conducted:

1. Marriage through social customs and traditions

• Marriage performed in a social and cultural aspect fulfilling all social norms and values.

2. Marriage registration in court

• Legal registration of marriage in the court in the presence of a judge.

3. Registration of marriage directly from the ward office

• Ward offices register marriages when the man and the woman appear in the office, fulfilling all conditions to get married.
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What is Court Marriage?

• Registration of marriage in the district court is legally accepted and is binding on both parties.

Documents Required for Court Marriage Between Nepali Citizens: Marriage Lawyers in Kathmandu 

• Notarized copy of the citizenship of both the man and the woman
• Notarized copy of the citizenship of the witness from each side of the man and the woman (One each)
• Temporary residence document from the ward office (if either one or both parties be the citizen of any other district other than the citizenship issuance district)
• Unmarried/Single/ divorce recommendation letter of both the man and the woman from their concerned permanent address local wards office.
• Passport size photo of both the man and the woman (4 copies each).
• If the man or the woman were previously divorced with another person then, the copy of the divorce document is required.

Documents Required for Court Marriage Between a Nepali Citizen and a Foreigner

• Notarized copy of citizenship or Passport and valid visa of both the man and the woman
• Foreign nationals should arrive and stay at least 15 days in Nepal. (Arrival Stamp of 15 days)
• Notarized copy of citizenship or the Passport copy of the witness from each side of the man and the woman (One each)
• Temporary residence document from the residing ward office (if either party be the citizen of any other district other than the citizenship issuance district and the other party is a citizen of another country.)
• Unmarried/single/divorce status certificate or recommendation of both the man and the woman.
• For Nepali citizens from his/her concerned permanent address local Ward.
• No Objection Letter/ single status/ divorce status for a foreigner from his/her respective civil registry/local authority in his/her home country or Embassy or Consulate General.
• Original copy of the divorce certificate or evidence if divorced previously
• Marriage Act of their concerned country, along with its English and Nepali translation, notarization copy.
• Passport-size photo of both the man and the woman (4 copies each).

Documents required for a foreigner's court marriage are: 

• Original Passport with Visa and its Notarized copy of Passport of both parties.
• Must arrive and stay for 15 days prior to applying for marriage in Nepal (Arrival Stamp evidence)
• Temporary residence document from the local ward office of both parties.
• No Objection Letter/ single status/divorce status recommendation from their own home country’s civil registry or the concerned Embassy or Consulate General in Nepal.
• Original divorce certificate or evidence of divorce
• Marriage Act of their concerned Country along with its English and Nepali translated notarization copy.
• Two witness and their identity card photocopy’s notary
• Passport-size photo of both parties (4 copies each).

Court marriage process: A two-day court process for marriage 

• Marriage Registration in Court or Court Marriage procedure is the same for every man and woman (for both Nepali citizens, for a Nepali citizen and a foreigner and both foreigners).
• The National Civil Code, 2074, provided for Marriage by registration between the man and the woman in the District Court.
• 2 days procedure to complete the court marriage

The process is outlined as below:

• 1^st day: Both the man and the woman shall give mutual application in the district court mentioning their will to marry each other.

• The court provides the next date for the final procedure of marriage.

• 2^nd day: Both the man and the woman along with their witness, should be present in the court.

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Note: Both the man and the woman should physically appear in the court along with their original citizenship/passport in the 2^nd day of the marriage procedure. Also, the witness should appear in the court with their original citizenship)

Record keeping of marriage in the ward if one party is a foreigner:

• After the conclusion of marriage in court, marriage should be registered in the local ward office.
• The application is to be filed by either the husband or the wife for registering the marriage in ward office.
• The marriage registering authority of the Ward shall issue the marriage registration certificate after registering the marriage in the marriage book maintained in the office.

Can the ward office register the marriage of a Nepali girl with a foreign citizen?

• Yes, the ward office registers the marriage of a Nepali girl with a foreign citizen.
• For this, the wife should give an application in her local ward for the registration of marriage.
• The marriage registering authority of the Ward shall issue the marriage registration certificate after registering the marriage in the marriage book maintained in the office.

Re-marriage provision in Nepal

National Civil Code, 2074 grants the man and the woman to remarry in the following conditions;

If the matrimonial relationship between husband and wife is terminated as below;

a. If marriage is dissolved/divorced according to law between husband and wife.

b. If the wife concludes another marriage before effecting divorce pursuant to law.

• If the husband or wife dies.
• If husband and wife are separated upon partition of property in accordance with the law.

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