Court marriage is a form of civil marriage that does not require any religious ceremony or social function. It is a legal and valid way to get married in Nepal, as long as the couple meets the eligibility criteria and follows the procedure. Court marriage is a quick and easy way to register your marriage and get a marriage certificate. It is also a cost-effective and hassle-free option for couples who want to avoid the expenses and complications of traditional weddings.
Eligibility Criteria for Court Marriage
According to Section 70 of the Civil Code 2017, there are four conditions for a person to get married in Nepal:
- Both man and woman accept each other as wife and husband.
- If the couple is not related by blood, they cannot be punished for incest.
- If the man and woman are not already married.
- If both are above 20 years of age.
However, the law allows a marriage among the people belonging to a certain caste to get married to one’s relative if they culturally accept such practice.
Required Documents for Court Marriage
Any person willing to register their marriage shall submit an application to the concerned district court with the following documents:
- Duly filled and signed application form in the prescribed format;
- Original and notarised copy of citizenship certificate of applicants;
- Original and notarised copy of citizenship certificate of witness;
- Both applicants shall furnish recommendation letters issued from their local wards proving their unmarried or single status;
- Recommendation letters from local ward offices for temporary residence–This is required for both the applicants;
- 4 copies of passport size photo each; and
- Bank voucher equivalent to Rs 500 as a court fee
For any foreign citizen willing to conduct a court marriage in Nepal, the following documents shall be present, in addition:
- No objection letter from respective embassy or consulate to get married in Nepal. This shall be translated in Nepali and notarised by the notary public.
- The law relating to marriage in the concerned country. This act shall be translated in Nepali and notarised by the notary public.
Court Marriage Registration Procedure
The registration of marriage can be initiated through three ways:
- Marriage registration at a court (“Court marriage”)
- Marriage registration of couple who have already married through a social/religious ritual (Receiving the marriage certificate from the ward office)
- Marriage registration at an embassy or consulate office
The court marriage registration procedure involves the following steps:
- Step 1: Both applicants duly fill an application and sign in their respective presence.
- Step 2: All the documents are verified by the court authority. After verification, the court registers the application and a day will be scheduled for an appointment.
- Step 3: On the scheduled date, both the applicants shall be present in court along with their witnesses.
- Step 4: If all the documentation is done properly and all the conditions set in the law are fulfilled, the judge will approve the marriage registration application and the court administration will issue a certificate of the same.
Benefits of Court Marriage
Court marriage has many benefits over traditional marriage, such as:
- It saves time and money, as there is no need to arrange for a lavish ceremony or function.
- It protects the rights of both parties, as they can legally claim their share of property, inheritance, alimony, custody, etc.
- It prevents child marriage, polygamy, dowry, domestic violence, etc., as they are punishable by law.
- It promotes gender equality, as both parties have equal say in their marital decisions.
- It respects individual choice, as there is no pressure from family or society to marry someone against their will.
Conclusion
Court marriage is a simple and legal way to tie the knot in Nepal. It requires minimal documentation and procedure, and offers many advantages over traditional marriage. It is suitable for couples who want to marry without any hassle or interference. If you are interested in court marriage, you can contact us today and we will guide you through the process. We have experienced lawyers who can help you with all the legal formalities and documentation. We also offer other legal services related to family law, such as divorce, foreign court marriage, international divorce, and mediation.
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