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Court Marriage in Nepal: Step-by-Step Process, Fees & Documents

KD
Advocate Keshar Bahadur Dahal
Last Updated: 2024-02-03
20 min read Read

Direct Answer:

"Expert guide to court marriage in Nepal. Learn exact procedures at Kathmandu District Court, required documents for Nepali and foreign couples, processing time, costs (Rs. 500-15,000), and legal protections under Muluki Civil Code 2074."
Court Marriage in Nepal: Step-by-Step Process, Fees & Documents
< h1> Court Marriage in Nepal: Complete Legal Guide

What is Court Marriage in Nepal ?

Court marriage(अदालती विवाह) < /strong> is a statutory marriage solemnized and registered before a judge at the District Court (Jilla Adalat) as per Section 77 of the National Civil Code 2074. Unlike traditional ceremonies, court marriage is:

  • Purely civil / contractual < /strong> - No religious rituals required
  • Immediately legally valid < /strong> - No separate registration needed
  • Protected by law < /strong> - Judicial oversight prevents coercion
  • Internationally recognized < /strong> - Essential for visa/immigration
  • Inter - faith / caste friendly < /strong> - No religious barriers
Legal Basis: Governed by Chapter 3 of the Muluki Civil Code 2074, court marriage provides the strongest legal protection and is recognized nationwide and internationally without additional formalities.

Why Choose Court Marriage ? (Benefits & Use Cases)

1. Protection Against Family Interference

For inter - caste, inter - religious, or love marriages facing family opposition, court marriage provides legal sanctity independent of parental consent.

2. Foreign National Involvement

When one party is foreign, court marriage is the only valid route for legal recognition in Nepal and abroad.

3. Documentation Issues

If ward - level registration faces bureaucratic obstacles, court marriage offers a standardized judicial process.

4. Speed and Efficiency

With proper documents, court marriage completes faster than traditional ceremonies followed by separate registration.

5. Legal Certainty

Judicial registration prevents future disputes about marriage validity, date, or consent.

Eligibility Criteria for Court Marriage

Age Requirement

Both parties must be 20 years or older < /strong>. Verify age on citizenship certificates or passports.

Marital Status

Both must be unmarried, divorced, or widowed.Bigamy is criminal offense under Section 171.

Mental Capacity

Both parties must be of sound mind and capable of giving free consent.

Prohibited Relations

Cannot be within prohibited degrees(close blood relatives as per Section 67).

Consent

Must be free consent without force, fraud, or undue influence(Section 67).

Nationality

Open to Nepali citizens and foreign nationals(with additional docs).

Required Documents Checklist

For Nepali Citizens:

  1. Citizenship Certificates (नागरिकता प्रमाणपत्र)
    • ☐ Original + 2 photocopies each
    • ☐ Must be valid and not damaged
  2. Passport - size Photographs
    • ☐ 4 photos each(8 total)
    • ☐ White / blue background
    • ☐ Recent(within 6 months)
  3. Unmarried Certificate (अविवाहित प्रमाणपत्र)
    • ☐ From respective ward offices
    • ☐ Valid for 3 months from issue
  4. Ward Recommendation Letter (वडा सिफारिस)
    • ☐ Confirms residence and character
    • ☐ Must be recent(within 1 month)
  5. Court Fee Receipt
    • ☐ Rs. 500 paid at court treasury
    • ☐ Keep safe - required for filing
  6. Two Witnesses
    • ☐ Must be Nepali citizens
    • ☐ Bring original citizenship
    • ☐ Cannot be blood relatives of parties

For Foreign Nationals Marrying Nepali Citizens:

  1. Valid Passport < /strong> with Nepali visa
  2. Embassy No Objection Letter(NOC)
    • Confirms single status
    • Processing: 3 - 15 days
    • Fee: $20 - 100 depending on nationality
  3. Birth Certificate < /strong> (translated to Nepali)
  4. Marital Status Certificate < /strong> from home country authorities
  5. All documents translated to Nepali < /strong> by certified translator
  6. Notarization < /strong> of all foreign documents in Nepal

Step - by - Step Court Marriage Process

Phase 1: Pre - Filing Preparation(1 - 2 Days Before)

Step 1: Obtain unmarried certificates from your respective ward offices (takes 1 day).

Step 2: Get ward recommendation letters confirming residence.

Step 3: Prepare 4 passport photos each.

Step 4: Arrange two reliable witnesses with citizenship documents.

Step 5: Pay court fee (Rs. 500) at court treasury and keep receipt.

Pro Tip: Call Kathmandu District Court at 01-4255555 before visiting to confirm which judge is handling marriages and exact document requirements, as procedures can vary slightly.

Phase 2: Court Filing(Day 1)

Timing: Arrive at 9:00 AM - 10:00 AM (Sunday - Thursday, except holidays)

Location: Family Division (Pariwar Kaksh), Kathmandu District Court, Babarmahal

Step 6: Submit application at the filing counter. Standard forms available or prepare:

  • Joint application stating intent to marry
  • Personal details of both parties
  • Declaration of free consent
  • Witness details

Step 7: Document verification by court clerk:

Frequently Asked Questions

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