Court Marriage In Nepal : Procedure And Current Legal System
Court Marriage In Nepal
Court Marriage In Nepal, Marriage is when a man and a woman accept each other as husband and wife through some celebration, ceremony, formal or any other function. In order to avoid a dispute over whether a marriage has taken place or not, it is still a custom in Nepal for certain people to gather and get married as a celebration or ceremony.
Marriage can also be considered as an agreement between people of the opposite sex. Marriage is also a social and legal bond between a man and a woman based on a permanent and independent agreement established to start marital and family life. Marriage can only be established between a man and a woman if they have not been married before.
In this article, what are the types of marriages? What is marriage by registration and registration? What is the procedure to be followed for registration of marriage as per the Civil Code, 2074, which is currently being implemented in Nepal? What is the procedure to be followed? What are the conditions to be fulfilled for this? Etc. is sought to provide information on the subject.
Some Types of Marriage:
Marriages come in many forms. The most popular and traditional marriage in Nepal is Orange Marriage. Apart from this, there are different types of marriages such as Brahmin marriage, Gandharva marriage, Prajapatya marriage, Utsav marriage, Asura marriage, Registered marriage. Here it is appropriate to briefly discuss these different types of marriages:
(1) Brahma marriage:
The process of finding a worthy bridegroom by the guardian of the bride, adorning the bride and groom with ornaments, worshiping them and donating the bride.
(2) Gandharva marriage:
The process of marriage between a man and a woman who are eligible to marry as husband and wife without the consent of the guardian.
(3) Prajapatya Vivah or Utsav Vibha:
The process of formally asking for a bride after the boy’s side and the girl’s side have searched for a suitable person and after the girl’s side has given their approval, the boy’s side will bring a procession and the bride’s side will formally donate the bride.
(4) Same-sex marriage:
Marriage between people of the same sex. The country’s civil code envisions that marriage can only take place between a man and a woman. Many other nations in the world, including the United Kingdom, the United States, Canada, Australia, New Zealand, Germany, France, and Sweden, have recognized same-sex marriage. The Civil Code, which has been enacted as a modern law by codifying various laws, has not been able to cover same-sex marriage.
(5) Asura marriage:
The process of making the bride his wife by giving as much money as possible to the father of the bride he likes.
(6) Registration of marriage:
The process of obtaining a marriage certificate by registering the marriage by a man and a woman who have reached the age specified by law by applying to the designated office with a witness. In recent times, the practice of this marriage has been on the rise.
(7) Traditional marriage:
Marriage performed in accordance with the religion and tradition of one’s caste and clan. These include marriages stolen by brides, marriages run away from girls, marriages bought and sold, gambling marriages, ongoing marriages, etc.
Marriage Registration:
Prior to the enactment of the Civil Code, the Marriage Registration Act, 2028 BS and the Civil Code “Bihavariko Mahal” were in force to manage marriage matters. At present, these acts have been completely repealed and the issue of marriage has been settled in the Civil Code, 2074 BS. According to the current legal system, the husband and wife should go to the office of the local registrar and register the marriage within 35 days of the marriage.
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Husbands and wives residing outside Nepal can apply for marriage registration at the Nepalese Embassy or Consulate General in the country where they reside. There is a provision for the concerned officer to register the marriage in the marriage related records in his office and issue a “marriage registration certificate” within 15 days of receiving the application. The act of registering after marriage is called marriage registration.
Registered Marriage (Court Marriage):
There is a difference between marriage registration and marriage by registration. Registered marriage is understood as a court marriage. Not all marriages are registered in a court of law, nor does it have to be in a court of law. In special cases, marriage can be performed by registering in a court of law.
In case of not being able to follow the traditional process of marriage and if it seems appropriate to get married by the court for various reasons, it is possible to get married by following certain procedures. In the general sense, court marriage means a marriage that is registered in a court of law.
But not all registered marriages take place in court. Earlier, marriages used to be registered by the District Administration Office, but after the Civil Code, which came into force on September 20, 2075, registration of marriages has started from the district court.
Procedures and conditions to be followed for a registered marriage:
If any man or woman in Nepal wishes to get married by registration, his / her name, surname, age, address, occupation, father, mother, grandfather, grandmother’s name, whether or not he / she has been married before There is also a provision to open the application in the prescribed format before the concerned district court.
To apply, a man or woman or both must have resided in the district for at least 15 days before applying. In this way, the provision of bringing proof of staying for at least 15 days from the concerned local level will reduce the chances of the man or woman getting remarried by deception.
The couple who want to get married should be at least 20 years old. Similarly, if a foreign national wants to marry a Nepali citizen, he has to bring the recommendation of his country and also be eligible to marry according to the law of the country concerned. In Nepal, for a boy and a girl to be married, they have to be at least 20 years of age. For this, it is customary to submit a copy of the legal system of the country concerned related to marriage in Nepali language along with the copy of the legal system.
Apart from the district court, the marriage can also be registered with the Embassy of Nepal or Consulate General abroad. Apart from Nepal, arrangements have been made to register marriages abroad. If you are in another country outside of Nepal, you have to submit all the above mentioned details to the concerned embassy or consulate of Nepal. In order to apply, a man or a woman or both must have resided in the country of the embassy or consulate for at least fifteen days before submitting the application.
If there is a request to get married by registration, the concerned officer will have to make necessary investigation in that regard and decide whether the marriage will take place or not within 7 days from the date of application. This is a period of 7 days to understand the necessary evidence regarding the application. There is a provision that in case of any doubt regarding the proposed marriage to the concerned officer abroad, it has to be submitted to the Government of Nepal and done as per the decision of the Government of Nepal.
If it is decided to marry between the petitioner, the officer concerned shall prepare the marriage consent letter stating the matter mentioned in the petition and the parties agreeing to accept each other as husband and wife in accordance with the law. .
After signing the consent form, the concerned officer will have to register such marriage in the registration book and get it signed by himself and the party to be married and also the witnesses present. After registering the marriage, the concerned officer will have to give the certificate of marriage registration to the parties of marriage registration in the prescribed format as per the prevailing law. The marriage between the applicants will be deemed to have taken place from the day of receipt of the marriage registration certificate.
The practice of registering marriages in Nepal is on the rise these days. When registering a marriage, the court is given 7 days to understand. Does this mean that they are already married? Didn’t they come to get married to create some evidence? If in doubt, it is time to understand what is needed. This may put a stop to the practice of intermarriage.
It also aims to prevent the youngest wife from registering in court while having another wife at home. Similarly, arrangements have been made to go to the concerned district court for marriage registration. You can’t go to any district to get married. The recommendation of the local level that at least one boy or girl should be from the respective district and another person has stayed in the same place for at least 15 days has been made mandatory.
Finally,
One of the main reasons for registering marriage nowadays is to make it easier for men and women in love to transform their relationship into a marriage. On the other hand, it is seen that this is done for the purpose of facilitating foreign employment if the marriage is registered by the court for foreign employment. For the purpose of foreign employment, it is sometimes heard that people get married in court to get paper evidence and later in case of dispute, they come with a claim in part.
This type of situation was done in the past with the intention of hiding the demarcated land. Similarly, it is not uncommon for a husband to divorce his wife if there is a criminal charge or suspicion that he has to pay a fine or a fine.
