According to the National Civil Code 2017 of Nepal
Introduction
Marriage is a legal union between two persons. After marriages there stands rights and obligations between the persons. Marriage is defined in various ways in diverse form in different cultures and religions, location and states. A marriage ceremony is called as a wedding.
Family law relates the connection of marriage, divorce, custody, adoption, support and paternity. The legal provisions are stated in the Part III of the National Civil Code 2017 of Nepal. This assessment acknowledged us about family law, especially relating to get marriage Nepal
- Provisions relating to Marriage
Marriage is a private affair. The National Civil Code 2017 of Nepal states that one can get marriage by registration as stated in Sub Section (2) of Section 69 and Section 74, of the National Civil Code 2017. If a man and a woman desire to conclude marriage by registration, they shall file an application in the concerned District Court, if they are in Nepal, and in the Nepali embassy or consulate general, if they are outside Nepal, specifying therein their name, surname, age, address, profession, name of their father, mother, grand-father, grandmother, whether previously married or not, if married, the details of the dissolution of marriage and also the name of at least two witnesses.
Marriage shall be a permanent, inviolable and holy social and legal bond, which is based on free and informed consent and established to start conjugal and family life between a man and a woman. If a man and a woman accept each other as the husband and wife through any occasion, ceremony, formal or other act, a marriage shall be deemed to have been concluded. To conclude marriage, two parties should accept each other and shall present in person in the court.
If a party or parties do not want to live together after marriage, it is possible to separate or live separately. According to the Clause 72 of the Code, the marriage shall be rejected/void without consent of the party/parties if it is against the prevailing law. Likewise, the marriage between direct relation or law on incest shall be punishable. Clause 68 of the Code states that marriage has a freedom. Accordingly, every person shall, subject to law, have the freedom to conclude a marriage, run a family and a conjugal life. There is no restriction to get married between nationals, races, colors, ideology, origins, religions, and so on in Nepal. If two parties are above 20 years of age and have sound mind can attend before the court and can accept each other as a husband and wife. For this, two parties should appear to the court with their witness. The lawyer shall assist to perform the marriage. The Code states that every person’s family life shall be inviolable. Clause 71 of the Code states that party/parties can not conclude marriage if he/she is contracted with human immunodeficiency virus (HIV) or Hepatitis ‘B’ or similar other incurable severe disease, who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability, who is of unsound mind, one who is already a married, and one who is a pregnant. Clause 74 of the Code states that marriage to be deemed concluded if child is born already from physical intercourse or a female accept and proved her pregnancy. And there shall be no prejudice in the lawful rights of a child already born before getting married. Provision relating to use of surname by married woman has been stated at Clause 81 of the Code where a married woman may, after marriage, use the surname used by her father or mother or the surname of her husband or both the surnames. The Code of Nepal allows to re-marriage. A man or a woman may remarry in any of the following circumstances if the matrimonial relationship between husband and wife is terminated, if husband or wife dies, if husband and wife are separated upon partition in accordance with law.
A couple can divorce as the Code of Nepal that allows. A couple can make an understanding between before divorce and discuss about the partition of property. If a couple has child/children, the Code states the partition of the property equally. The court allows father/mother for a custodian rights, while both frequently take care and visit the child until grown up.
According to Clause 93 of the Code, divorce may be affected by consent of both if the husband and wife so desire at any time. The Code further states that the husband may get married except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the wife has been living separately for three or more consecutive years, without consent of the husband, if the wife deprives the husband of maintenance costs or expels him from the house, if the wife commits an act or conspiracy likely to cause the grievous hurt or other severe physical or mental pain to the husband, if the wife is proved to have made sexual relation with another person. Similarly, Clause 95 of the Code provides to the wife to get divorce if except where the husband and wife are living separately after obtaining their partition share or separating bread and board in accordance with law, if the husband has been living separately for three years or more consecutively, without consent of the wife, if the husband deprives the wife of maintenance costs or expels her from home, if the husband commits an act or conspiracy likely to cause grievous hurt or other severe physical or mental pain to the wife, if the husband concludes another marriage, if the husband is proved to have made sexual intercourse with another woman, if the husband is proved to have raped the wife.
Despite the caused, as per Clause 96 of the Code, the husband or wife, as the case may be, desiring to get the relationship divorced shall file a petition in the court. The Code also states the partition of property, however, during the case running at the court, if the wife who effects divorce desires to obtain from the husband a lump sum amount or annual or monthly alimony or expense, instead of the partition share, the court may order the husband to provide such a wife with a lump sum amount or annual or monthly alimony or expense on the basis of his property or income. However, if a wife gets married to other person, she shall not be entitled have a right for annual or monthly alimony.
The Clause of 104 of the Code states that on the death of a divorcee woman, her son, daughter, if any, shall be entitled to her property, and if not, the previous husband shall obtain the property received by her from such a husband, and the successor on her mother’s side shall obtain the other property.
The time-limitation for filing the lawsuit by the aggrieved on any of the actions mentioned above shall be 3 months from the occurrence of such action or date of knowledge of such action.