This article describes the information related to the status marriage of and its legal provisions and punishment in Nepal. The article covers child marriage, dual marriage, and marriage in prohibited relationships. It is governed by the Chapter of Offences Relating to Marriage of Criminal Code 2017 (2074).

Introduction

Child marriage, incest marriage, and remarriage without obtaining a divorce from the first marriage is illegal and is not recognized as a valid marriage as per Muluki Criminal Code, 2017 and is prohibited and punishable by law in Nepal and can result in legal consequences for the parties involved.

What is marriage under the laws of Nepal?

According to Section 67 of the National Civil Code, 2017, a marriage shall be deemed to have been concluded if a man and a woman accept each other as the husband and wife through any occasion, ceremony, formal or other act. Section 68 states marriage as a permanent, inviolable, holy, socio-legal bond that is based on free consent and established to start conjugal and family life between a man and a woman. Section 74 of the said Act has further elaborated the definition of marriage which provides that if a woman proved to have delivered a child by conceiving pregnancy from physical intercourse with a man, marriage between such a man and a woman shall ipso facto be deemed to have been concluded.

What is the legal age for marriage?

Section 173 prohibits the marriage to be concluded or cause to be concluded unless parties to the marriage have attained twenty years of age and shall, ipso facto, be void.

What is the punishment for child marriage?

A person who commits the offense of child marriage shall be liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

What is bigamy?

Bigamy is the act of formally entering into a marriage with one person while still being legally married to another person. It involves entering into a second marriage while a valid marriage with another person still exists. According to Nepal Marriage Bill, 2011 Sec 2 (1) “Bigamy” means to marry with another woman by a husband even he has a wife and to marry with another man by a wife even she has a husband.

What are the Laws related to Bigamy in Nepal?

Section 175 (1) of National Criminal Code 2074 prohibits a married man to conclude another marriage during the continuation of the marital relationship. The second marriage shall ipso facto, be void. Similarly, sub-section 2 of the said Section states that no woman shall conclude marriage with a man knowing that he is already married.

What is the punishment for second marriage in Nepal?

Bigamy is punishable as a criminal offense under offense related to marriage in Nepal. Where a man marries another woman during the continuation of the marital relationship, and where a woman marries a man with the knowledge that he is already married, there is the creation of criminal liability of one to five years of imprisonment and a fine of ten thousand to fifty thousand rupees. (Section 175 (4) Criminal Code 2074)

Filing a bigamy case.

Who can file a bigamy case?

The affected party (existing spouse or new spouse) or their close relatives need to file a bigamy complaint.

Where can we file for bigamy?

We can file the bigamy case at the nearest police station through F.I.R. (First Investigation Report) in accordance with Section 4 of the National Criminal Procedure Code, 2017.

What is the time period or limitation for filing the case?

As per Section 176 of Criminal Code 2074, the statute of limitation for bigamy or polygamy is stipulated as three months from the date of knowledge of the commission of the offense.

In what condition second marriage/ dual marriage is allowed?

According to Section 83 of Civil Code, 2017(2074), a man or a woman may remarry in any of the following circumstances:

(a) If the matrimonial relationship between husband and wife is terminated,

(b) If husband or wife dies,

(c) If husband and wife are separated upon partition in accordance with the law.

(Read Section 83 with Section 82 for a better understanding)

Can a person marry immediately after divorce?

Yes. If a person wants to remarry after the dissolution of the first marriage, they must obtain a divorce certificate from the court. According to Section 175 (3), a man or woman may marry again if the husband and wife have got separated upon making a partition in accordance with the law.

What is the status of incest marriage in Nepal?

Section 172 of the Criminal Code, 2017 prohibits a person from marrying someone who is within the prohibited degree of relationship by consanguinity or affinity, except as otherwise customarily practiced, and if a marriage is concluded in ignorance, it shall be void.

(The term “consanguinity” refers to blood-relatedness, while “affinity” refers to the relationship created by another marriage or as a result of extramarital intercourse.)

What is the punishment provision of concluding marriage in the prohibited degree of relationship?

Where a marriage has been concluded knowingly, the person concluding such marriage shall be liable to the sentence imposable for the offense of incest and a person causing the conclusion of such marriage shall be liable to a sentence of imprisonment for a term not exceeding three months or a fine not exceeding three thousand rupees or both the sentences, and such marriage shall, ipso facto, be void.

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