Court's Verdict

According to the prevailing laws of Nepal, taking a second wife is considered completely illegal even if the first wife gives her consent. The Constitution of Nepal, 2015 (2072 B.S.) strongly protects women’s rights to equality and a dignified life, discouraging any practice that may create inequality or harm within the family. For this reason, Article 18 of the Constitution guarantees the right to equality to all citizens and prohibits any form of gender-based discrimination. Similarly, Article 38 ensures the physical, mental, and social security of women. Polygamy is regarded as a practice that directly affects women’s rights, equality, self-respect, and their role in family decision-making; therefore, the state interprets it as a form of structural violence.

Section 175 of the National Penal Code, 2017 (2074 B.S.) states that if any person enters into another marriage while their legally wedded spouse is still living, such conduct constitutes the crime of polygamy. The consent of the first wife, social customs, religious beliefs, or personal wishes cannot be taken as exceptions to justify this act. In other words, even with the first wife’s consent, a marriage with a second wife becomes automatically invalid (void). Likewise, Section 176 provides that a person committing polygamy may face imprisonment of up to five years and a fine of up to fifty thousand rupees. Moreover, any legal rights or obligations arising from such a marriage are not recognized.

Several decisions of the Supreme Court of Nepal have also interpreted polygamy as a violation of women’s rights and a practice that increases social inequality, firmly establishing that “consent” holds no legal significance in such cases. Considering Nepal’s legal framework as a whole, an individual’s personal desire or family agreement cannot override the strict provisions of the law. Therefore, under no circumstances—whether the first wife disagrees or fully agrees—can a man legally marry and bring home a second wife in Nepal, and doing so constitutes a criminal offense.