Legal Provisions on Marriage in Nepal: Eligibility, Divorce, and Child Rights

Marriage is not only a social and cultural institution but also a legally binding relationship that unites two individuals in family life. Nepali law clearly outlines the conditions of marriage, circumstances of annulment, divorce procedures, and the rights of children. These provisions, based on the Muluki Civil Code, play a vital role in regulating family relationships and ensuring that no party’s rights are violated.

This article discusses the qualifications for marriage, situations where marriage can be annulled, divorce processes, and the custody and rights of children.

1. What is Marriage and What Are the Legal Requirements?

Legally, marriage is defined as a permanent, inviolable, and voluntary bond between a man and a woman to begin conjugal and family life. When two individuals accept each other as husband and wife—through ceremonies, rituals, or mutual consent—it is recognized as marriage.

Legal requirements for marriage in Nepal include:

  • The parties must be a man and a woman.

  • Both must have completed at least 20 years of age.

  • Both must be unmarried, divorced, or single. Marriage cannot occur if either spouse from a prior marriage is alive.

  • Both must freely and fully consent to the marriage.

  • The parties must not be within prohibited blood relations or community-based restrictions according to law and tradition.

  • Marriage registration is mandatory. However, lack of registration alone does not invalidate a marriage.

2. When Can a Marriage Be Annulled?

Certain marriages can be annulled by a court under specific conditions:

  • Forced or Deceptive Marriage: If one party was coerced, threatened, or deceived into marriage.

  • Impotence or Serious Illness: If the husband is impotent or the wife infertile and this was undisclosed before marriage, or if either suffers from incurable sexually transmitted diseases such as HIV/AIDS or Hepatitis B.

  • Criminal Conviction: If one party has been convicted of crimes involving moral turpitude.

  • Sham Marriage: If the marriage was contracted fraudulently for personal gain.

Special provision:
If a woman gives birth to a child as a result of sexual relations with a man, the law presumes marriage between them. However, this does not apply in cases of rape, incest, or where marriage is legally impossible.

3. Divorce: Legal Grounds and Procedures

Spouses who can no longer live together due to disputes may seek divorce. There are two main ways:

a) By Mutual Consent:
If both agree, they can divorce at any time.

b) By Court Decision:
If one party refuses, the other may file for divorce under the following grounds:

  • Living separately without consent for three or more continuous years.

  • Expulsion from home or refusal of food and shelter.

  • Inflicting severe physical or mental cruelty.

  • Engaging in sexual relations with another person.

Property Settlement Before Divorce:

  • If the husband is at fault, the court may ensure the wife receives her share of property before granting divorce.

  • If division of property takes time, the court may order the husband to provide monthly maintenance to the wife.

  • However, if the wife is at fault or chooses not to claim property, the husband is not bound to provide support.

4. Child Custody and Rights After Divorce

Children’s welfare remains the top priority in divorce cases. Nepali law provides clear guidelines:

  • Custody:

    • Children under five years of age usually remain with the mother.

    • For children above five, custody is given to the mother if she has not remarried and is capable of care. Otherwise, the father assumes custody.

    • For children above ten, their preference is also considered.

  • Maintenance:
    The non-custodial parent must contribute to the child’s upbringing, including food, education, healthcare, and other needs, according to their income and property.

  • Visitation Rights:
    The parent without custody retains the right to meet and maintain a relationship with the child.

  • Property Rights:
    Children retain inheritance rights from both parents, even after divorce. This includes rights to any property received by either parent after separation.

Conclusion

The legal provisions on marriage, divorce, and child rights in Nepal aim to create fairness and dignity within family life. Understanding these laws helps individuals safeguard their rights and fulfill their responsibilities.

However, this article is for general awareness only. For specific legal advice, consulting a professional lawyer is strongly recommended.

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