This article deals with the meaning of court marriage, its requirements and the procedure for court marriage in the context of Nepal for Nepalese citizens as well as for foreigners.
A commonly accepted definition of marriage is a formal union, social and legal contract between two individuals that legally, economically, and emotionally unites their lives.
Court Marriage
This legal contract allows two people to marry without going through a church or religious ceremony. The marriage is performed and registered in a court of law, and it is recognized by the government. This is regulated by the Nepal Marriage Registration Act.
Court marriage is a legal contract that allows two people to marry without going through a church or religious ceremony. It is a simple and cost-effective way to get married, as it does not involve any rituals. The marriage is performed and registered in a court of law, and it is recognized by the government.
Who can marry in Nepal?
According to the Marriage Registration Act, of 2028
- If both male and female are not legally married (one can marry if s/he has terminated their marriage, for example; Divorce)
- If the man and the woman agree to accept each other as husband and wife(i.e. not forcefully marrying),
- If the man and the woman are not relatives (punishable by law on incest, except on certain caste people who are culturally accepting such practice)
- If both of them are mentally stable
- If both male and female are 20 years old.
To get married in Nepal, one must meet the requirements of the Nepal government to make the marriage legally binding. According to the National Civil Code of Nepal, if a man and a woman accept each other as a couple (husband and wife) through any event, ceremony, formal or other activity, they will be recognized as married.
Requirements for a Court marriage
Documents Required by Nepalese
- Citizenship of both male and female.
- Citizenship of witnesses (each any two)
- Passport-size photograph of the couple.
- Letter from the ward office (वडा कार्यालय) if one is registering at a temporary address (अस्थायी ठेगाना)
- Letter from ward office of permanent address (स्थाइ ठेगाना) of both male and female mentioning that both male and female are unmarried or divorced.
Documents Required by Foreigners
- Citizenship
- Citizenship of witnesses
- Passport size photograph
- Original passport
- Visa of Nepal
- Letter of temporary resident in Nepal from ward office (one must stay at least 15 days before marriage in Nepal, that can be seen through immigration too but the letter is mandatory)
- The letter or the document of unmarried or divorced from the respective embassy (राजदूतावास) located in Nepal (if the embassy of a particular country is not located in Nepal then the letter can be asked from the Consulate General [महावाणिज्य दूतावास] )
- No objection letter from the respective embassy or consulate to get married in Nepal. This shall be translated into Nepali and notarized by the notary public.
- The law relating to marriage in the concerned country. This Act shall be translated into Nepali and notarized by the notary public.
Court Marriage Registration Process in Nepal
- Letter from the ward office, from both the man and the woman, mentioning that both the man and the woman are single or divorced.
- Fill up the application form in the district court from where marriage is registering
- The application can also be submitted from a temporary residence. The couple must have remained in the temporary address for at least 15 days before the court marriage. (The temporary residence certificate is obtained at the temporary ward office)
- A deed of declaration must be signed by both parties who accept each other as husband and wife. If all requirements are met and verified, the court's marriage registration officer will issue a marriage certificate after verification by the judge.
Process of Marriage Registration in Nepal
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Firstly, an application form should be submitted for marriage registration in Nepal to the district office or marriage registration officer of permanent or temporary residence at least 15 days in advance.
To apply it is necessary that both the man and the woman or one of them have been staying in the district of the marriage registration office concerned, for at least 15 days before the submission of the application.
- Then, other required documents should be submitted. By submitting proof of the marriage ceremony, the parties to the marriage and at least two witnesses of each party shall sign a declaration deed in the prescribed format and submit it to the marriage registration officer and the marriage registration officer will also sign this document.
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After submitting the application and required documents, the district office or marriage registration officer will examine it and finally provide a marriage certificate within 7 days.
The marriage must be celebrated within the prescribed period (three months) and, if it is not celebrated within the period, a new marriage application must be submitted.
Conclusion
In a nutshell, a court marriage can be easier than a traditional wedding, as it involves less paperwork and requirements. It is a simple and straightforward process that can be completed quickly and at any time convenient for the bride and groom and the court.
A court marriage can be more affordable than a traditional wedding, as it usually involves fewer expenses. It can provide more privacy than a traditional wedding, as it is usually held in a government office rather than a public place. Court marriage can be a good option for couples who prefer a low-key, simple approach to marriage.
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