Legal Considerations Before Marriage

Understanding the nuances and legalities of marriage is crucial before embarking on this significant life journey. Both domestic and international couples should be aware of the legal implications of marriage, seeking counsel from legal and cultural experts to ensure a well-informed and respectful union within the nation's diverse fabric. Here are some common knowledge that one should have before tying the knot in Nepal:

  1. Legal Age: You must have attained the age of 20 years. This applies indiscriminately in the case of males and females.
  2. Consent: No one can force you to marry another person. You possess the sole right to decide who you want to marry or if you do not want to marry at all. Marriages occurring as results of fraud or non-disclosure of any fact essential to the marriage shall be void as per the wish of the party who has been deceived.
  3. Disclosure: Your marriage must not be a secretive affair even if your wedding had been one. The marriage must come within the public knowledge in order to be validated.
  4. Registration: The marriage must be registered by the prescribed legal authority in respective ward offices to be acknowledged. This step is necessary to ensure and enforce your rights relating to marriage. Nepali couples residing in foreign countries have to register their marriage in the respective embassy or consulate.
  5. Marriage through Registration: You do not have to organize a lavish wedding or even manage the standard attire for the bride and groom to get married. You may be married by simply registering yourselves as husband and wife in front of the prescribed legal authority with witnesses around.
  6. Automatic Marriage: Childbirth due to consensual physical intercourse automatically renders the involved man and woman married. This circumstance, however, should not involve ineligibility of age, incest, polygamy, or rape.
  7. Consequences: Married people have many moral and natural responsibilities towards each other that have been legally sanctioned. These include duty of care, affection, shelter, food, freedom of occupation, respect, and cooperation.
  8. Dowry: Any kind of gift or donation in the form of dowry (daijo) is illegal. Neither the groom’s side nor the bride’s shall compel the other party to furnish cash and goods in connection with the marriage.
  9. Polygamy: Nepal does not allow a person to have multiple spouses. The practice of having more than one spouse has been illegal since the Country Code of 2020 B.S. However, these provisions do not affect the polygamous marriages that took place before the promulgation of the said code.
  10. Incest: You cannot marry a person who falls within certain degrees of closeness in relation to you according to the tradition and values of the community you belong to. Since marriage connotes the right to a lawful sex life, marriage within incest naturally attracts the criminal law provisions of the Criminal Code of Nepal.
  11. Restrictions: The laws of Nepal only envision the union of a male with a female as marriage. Same-sex marriage has not yet been lawfully recognized.

Under the Nepalese legal system, such pre-requisites of marriage have been provisioned within:

 

Country Civil Code 2074

Section 69

Marriage to be public knowledge

Section 70

Legal Age, Consent, and Monogamy

Section 71

Void Marriage

Section 72

Voidable Marriage

Section 73

Automatic Marriage

Section 76

Registration

Section 77

Marriage through Registration

Part 3, Chapter 2

Consequences of Marriage

Social Practices (Reform) Act 2033

Section 4

Restriction to the Bride Side

Section 5

Restriction on Daijo (Dowry)

Country Criminal Code 2074

Section 220

Incest to be an offence

 

In conclusion, embarking on the journey of marriage in Nepal requires a comprehensive understanding of legal, cultural, and personal aspects. Adhering to the legal age and consent requirements, registering the marriage, and respecting cultural diversity are pivotal steps. Being aware of the legal obligations, choosing between civil and religious ceremonies, and ensuring both parties enter the union willingly contribute to a harmonious and legally sound marriage. Additionally, considering international implications, consulting experts, and staying well-informed are essential to navigate the complexities of marriage in Nepal successfully. By embracing these considerations, couples can forge a strong foundation for a respectful, lawful, and culturally sensitive marital bond.

 

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