Court Marriage in Nepal
Introduction
Court marriage in Nepal is a legally recognized method of marriage registration conducted under the National Civil Code, 2017 (2074). Marriage registration is mandatory in Nepal and applies equally to:
Nepali citizens residing in Nepal
Nepali citizens living abroad
Foreign nationals intending to marry in Nepal
1. Governing Law for Marriage Registration in Nepal
Marriage registration in Nepal is governed by Sections 67–84 (Chapter on Marriage) of the National Civil Code, 2017 (2074).
These provisions regulate:
Court marriage
Registration of traditional or religious marriages
Marriage registration through Nepali embassies or consulates
2. Is Marriage Registration Compulsory in Nepal?
Yes.
Under Section 73 of the National Civil Code, marriage registration is compulsory.
Marriage may be registered with any of the following authorities:
District Court
Local Ward Office
Nepali Embassy or Consulate (for couples residing abroad)
The concerned authority must issue a marriage registration certificate within 15 days of application submission.
3. Types of Marriage Registration in Nepal
Marriage registration in Nepal can be completed through the following methods:
3.1 Court Marriage (Marriage Before Court)
This applies to couples who have not performed traditional or religious marriage rituals and wish to legally marry through the District Court.
3.2 Registration of Traditional or Religious Marriage
Couples already married through social or religious ceremonies must register their marriage at the local Ward Office to obtain legal recognition.
3.3 Marriage Registration Through Embassy or Consulate
Nepali citizens residing abroad may apply for marriage registration through Nepali embassies or consulates under Sections 76 and 77 of the Civil Code (though practical implementation remains limited).
4. Eligibility Criteria for Court Marriage in Nepal
To register a court marriage in Nepal, both individuals must meet the following conditions:
Both parties must be single (unmarried, legally divorced, or widowed)
Minimum age: 20 years for both male and female
Free and mutual consent to accept each other as husband and wife
No prohibited blood relationship under Nepali law
Failure to meet any of these conditions may result in rejection of the application.
5. Court Marriage Between Two Nepali Citizens
5.1 Procedure
Obtain a Single Status Certificate from the respective Ward Offices
Submit a court marriage application to the District Court
Verification of documents and eligibility by the court
Signing of the Deed of Consent by both parties and witnesses
Issuance of the Court Marriage Certificate
Timeline: Usually completed within 1–2 working days
5.2 Required Documents
Notarized copies of citizenship certificates (both parties)
Single status certificate from Ward Office
Notarized citizenship copies of two witnesses
Temporary residence certificate (if applying outside permanent district)
Passport-size photographs
Divorce decree (if previously married)
6. Court Marriage Involving Foreign Nationals
Foreign nationals are legally permitted to marry in Nepal, subject to additional documentation requirements.
6.1 Additional Documents for Foreigners
No-Objection / Single Status Letter from respective embassy in Nepal
Valid passport and visa
Proof of minimum 15 days’ residence in Nepal
Temporary residence certificate from Ward Office
Notarized Nepali translation of the foreign country’s marriage law
Witness identification documents
Estimated Timeline:
Approximately 19–24 days, considering the mandatory residence requirement.
(The court procedure itself generally takes 1–2 working days.)
6.2 Tentative Government Fees (Subject to Change)
| Particulars | Fee (NPR) |
|---|---|
| Single status certificate | As per local municipality |
| Temporary residence (Nepali) | 2,000 |
| Temporary residence (Foreigner) | 10,000 |
| Court registration fee | 500 |
7. Step-by-Step Court Marriage Registration Process
Step 1: Document Preparation
Collect and verify all required documents, including citizenship, single status certificates, embassy letters (for foreigners), and witness details.
Step 2: Application Submission
File the marriage registration application at the relevant District Court.
Step 3: Signing of Deed of Consent
Both parties and two witnesses sign the deed before the Marriage Registration Officer.
Step 4: Court Review
The judge verifies documents, consent, and compliance with legal requirements.
Step 5: Issuance of Marriage Certificate
Upon approval, the court issues the official marriage registration certificate.
Step 6: Ward Office Registration (Optional but Recommended)
The court-issued certificate may be registered at the local Ward Office for updated civil records.
8. Registration of Traditional Marriage Through Ward Office
Couples already married through religious or social rituals must:
Submit an application to their permanent Ward Office
Provide proof of marriage (photographs, witnesses, certificates)
Registration ensures full legal recognition under Nepali law.
9. Notarization and Use of Marriage Certificate Abroad
For international use, the marriage certificate must be:
Notarized at the Department of National Personal Record (Rastriya Kitabkhana)
Attested by the Ministry of Foreign Affairs, Nepal
10. Re-Marriage Conditions in Nepal
A person may remarry if:
The previous marriage has been legally dissolved
The spouse has passed away
Legal separation has occurred through partition
Conclusion
Court marriage in Nepal offers a clear, lawful, and efficient pathway to formalize marital relationships for both Nepali citizens and foreign nationals. Compliance with legal requirements, proper documentation, and professional legal guidance are crucial to avoid delays or rejection.
Comments
Post a Comment