Marriage: Polygamy is unlawful

Under the prevailing laws of Nepal and the judicial precedents established by the Supreme Court, the practice of taking a second wife even with the consent of the first wife is considered completely illegal. Section 175 of the National Criminal Code Act, 2017 expressly prohibits bigamy, stipulating that a person who is already in a valid marital relationship shall not enter into another marriage, and further clarifies that bigamy committed even with the purported consent of the first spouse constitutes a criminal offence. The Joint Bench of the Supreme Court has also affirmed, as a matter of legal precedent, that “bigamy cannot be validated even with the consent of the first wife,” thereby establishing that consent cannot serve as a legal basis to legitimize a second marriage.

Having regard to Articles 18 and 38 of the Constitution of Nepal, which ensure the rights to equality and the dignity and protection of women, the Supreme Court has held that recognizing bigamy would amount to a violation of women’s rights and constitutional guarantees of equality. Consistent with the general principle that no offence can be legalized on the basis of consent, the law does not permit bigamy to be justified by the agreement of the parties involved. Additionally, the legal framework seeks to prevent the misuse of cultural or traditional practices as a pretext to undermine the rights of women.

Engaging in such unlawful bigamy attracts criminal liability under the National Criminal Code, including imprisonment ranging from one to five years and a fine ranging from ten thousand to fifty thousand rupees. Accordingly, the existing legal framework, constitutional provisions, and the precedents of the Supreme Court collectively establish that bigamy is unequivocally illegal and punishable, and that such a marriage cannot be validated even on the basis of consent.