Court Marriage Registration Process in Nepal

In this article, we describe the information related to Court Marriage in Nepal, including required documents, eligibility, and the process for registration. Also, describe details of the registration process for Nepali Citizens and for Court Marriage in Nepal for Foreigners.

  1. What is Court Marriage?

The marrying couple presents themselves before a competent court (concerned District Court for Nepal) and registers their marriage by signing legal documents before the presence of a judge.

With the enactment of the ‘Muluki Civil Code,’ new legal provisions governing marriage have been implemented. Following the implementation of this code, marriages are registered in district courts throughout Nepal.

The provision about the Marriage and registration of marriage is mentioned in the Chapter of Marriage of Muluki Civil Code 2017 (2074). The Civil Code includes marriage-related provisions from section 67 to section 84.

Section 76 refers to marriage to be registered with the government authority. Both husband and wife should be registered marriage and get the marriage registration certificate by filing an application in the concerned authority specified by the Government of Nepal.

Marriage registration in Nepal is a general process that can be completed by both Nepali citizens and foreigners by following specific procedures. If you encounter difficulties during the marriage registration process in Nepal, you can follow the steps outlined below or seek legal assistance.

Additionally, Nepali citizens residing abroad and foreign citizens are eligible to register their marriages in Nepal.

  1. What are the methods or procedures of Marriage Registration?

Marriage Registration can be done through three methods as mentioned below;

  •  Marriage by registration through court, also called Court Marriage,(This provision is mentioned in section 77 of Muluki Civil Code),
  • Obtain a Marriage Registration Certificate through the ward office (Local authority of Nepal), for a couple who has already married through a social or religious ritual,
  • Marriage Registration through the Embassy or Consulate Office.
3. Eligibility of Marriage in Nepal
As per section 70 of the Muluki Civil code, there are some compulsory requirements or eligibility must be fulfilled by the marring couple for the accomplishment of Marriage Registration in Nepal;
  • Both the man and the woman agree to accept each other as husband and wife,
  • A couple (both male and female) must not be married at the time of registration,
  • Both man and women must be age of 20 years or above (Minimum Age for Marriage is 20 years),
  • The man and the woman are not relatives punishable by law on incest.
If the above eligibilities are not fulfilled, the procedure of marriage cannot be completed either/or any methods of marriage registration.
4. Required documents for application of court marriage
If a man and a woman wish to conclude marriage by registration, they must jointly file an application in the concerned District Court. This process is applicable for the couple who has not socially or ritually married but intends to marry in a legal manner.
For the purpose of the court marriage registration procedure, the following documents should be submitted to the District Court along with the documents mentioned below;
Application of Marriage Registration (Joint man and woman), 1 Set Original
Photocopy of Nepalese Citizenship, 1/1 piece
Passport Size Photo of both, 10 Pieces
Unmarried certificate: a letter from the concerned Ward Office (Local Authority) of both Female and Male asserting that the he or she are either unmarried or divorcee, 1/1 Copy Original
If the any one person foreigners who want to marry in Nepal, a No objection Letter from the Government authority of the Foreign Country or Concerned Embassy in Nepal, mentioned that the Foreigner is unmarried or a divorcee, 1 Copy Original
A Letter of temporary address verification (stayed minimum 15 days), if application filing outside of the concerned District court 1 Copy Original
A Letter of temporary address verification of Nepal (stayed minimum 15 days), if anyone is a Foreigner. 1 Copy Original
Migration Certificate, if the Marriage is conducted outside the residence of either a Male or Female 1 Copy Original

Also read: Marriage Registration in Nepal- Frequently Asked Questions (FAQ) 

5. Additional Required Documents for Foreign Citizens
If any person is a Foreign Citizen trying to complete Marriage Registration in Nepal, the following requirements must be fulfilled;

  • Copy of Passport with valid Visa
  • A No-Objection Letter (NOC) from the corresponding Embassy or office of Consulate, notarized copy in Nepali Language,
  • Notarized Copy of the Marriage Law (Family Law) of the Foreign Country in Nepali Language
  • A Minimum of 15 Days’ Proof of Residence in Nepal from the Ward office (Local Government authority.

6. Process for Receiving Court Marriage

The applicant should be proceeds the following steps for Court Marriage registration process in Nepal;

  • Step 1- Both man and woman applicants duly fill out an application of marriage registration and sign in their own presence, and submit it before the concerned District Court,
  • Step 2- All the required documents are verified by the court officers, after that the court registers this application and a day will be scheduled for an appointment with the judge,
  • Step 3- On the day of the scheduled for hearing, both the applicants must be present before the bench (Judge) in court along with their witnesses,
  • Step 4- If all the documentation is done properly, and all the conditions and criteria are met as per law, the judge will approve the marriage registration application and the court administration (Nobal officer) will issue a certificate of the same.

Conclusion
After the receiving Marriage Registration by the Court, it should be registered in the Word office and another Marriage Registration certificate.

 

Disclaimer: This article is published in good faith and for general information purposes only. It shall not be construed as an advertisement, legal advice, solicitation, or inducement of any sort from the firm or any of its members. Raksha Law Associates does not make any warranties, and shall not be liable for costs arising out of any action undertaken on the information provided in this article.

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