Under Section 68 of National Civil Code 2074 B.S., marriage is a permanent, inviolable, and holy social as well as legal bond between a man and a woman based on free consent established in order to start conjugal life between them.
As enshrined in Section 67 of the Code, a marriage is deemed to have been concluded between a man and a woman if they accept each other like the husband and wife through a formal occasion, ceremony, or any other lawful act. Freedom of marriage is associated with every person’s right to establish a family and spend a marital life, as recognized in Section 69 of the Code.
Prior to the promulgation of the National civil code, the procedures relating to marriage registration were prescribed in the Marriage Registration Act, 2028 B.S. (1971 A.D.) However, as the Act has been repealed by the Code, the new procedures have been substantiated in Section 76 of the Code. These procedures are explained below:
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Both husband and wife or either of them may file an application in authority specified by the Government of Nepal (Marriage Registration Authority) for getting their marriage registered. An online sample of the marriage registration application form has been made available on the websites of local authorities.
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In the context of a husband and wife residing outside Nepal, they may file an application for the registration of marriage in the Nepalese embassy or consulate-general located in the country in which they have been residing.
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On receiving an application under sub-section (1) or (2) for the registration of a marriage, the concerned authority shall issue the marriage registration certificate to the applicants after registering the marriage in the marriage book maintained in the office in the form as specified by the Government of Nepal within fifteen days of the filing of the application.
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If any one party does not appear for the registration of the marriage according to the filed application, the concerned authority shall register the marriage after inquiring into such a party.
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If the other party expresses disagreement with the registration of marriage upon making an inquiry according to the point above, the concerned authority shall not register the marriage and inform the applicant that the decision on that matter shall be made as decided by the court.
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In the case of a couple who have already concluded marriage prior to the commencement of this Act but have not registered their marriage may get their marriage registered if they so desire, in accordance with this section.
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In case of marriage by registration, the couple shall submit an application in the concerned District Court, if they are in Nepal, and the Nepalese embassy or consulate general, if they are outside Nepal.
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If an application is filed according to the point described above for the conclusion of marriage by registration, the concerned authority shall make a decision within seven days of the filing of the application as to whether or not the marriage is capable of being concluded after making a necessary inquiry.
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If the marriage cannot be registered, the concerned authority is required to give information specifying reasons to the applicant within seven days of the filing of the application.
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The records of the details of the registration of marriage shall be safely maintained by the concerned authority under this Section.
Before applying for registration of marriage, the following things must be ensured in light of Section 70 of the National Civil Code:
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There must be consent between the man and woman to conclude the marriage.
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Marriage shall not be concluded between relatives punishable by law on incest.
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Both men and women must have attained the age of twenty.
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Either of them should not have been married earlier.
Additionally, according to Section 71(2) of the Code, a marriage cannot be concluded between a man and a woman by way of misrepresentation.
Thus, these are the various procedures and requirements prescribed in Chapter-1 under Part-3 of the National Civil Code 2074 B.S.
