Second marriage law in Nepal

Published Date: 2019-05-07

Second Marriage Law is also regarded as the Reserved Marriage Law of 1980. It is revised the law of the New Marriage Law of 1950. In Nepali culture, marriage is a social, emotional, cultural, and legal bond between husband and wife. Second marriage law is directly based on the subsistence of the first marriage, which is also regarded illegal in Nepal. Recently, second marriage practices have dramatically risen even though it is restricted and made punishable under the existing laws. According to the Marriage of the General Code states that unless first wife/husband is not dissolved and have any incurable contagious venereal disease, is incurable insane, is infertile and becomes blind of both eyes and many more, any male cannot marry another female during his life.
Various types of marriage in Nepal
Marriage is one of the most important events in one's life, which will combine both male and female into one relation. The way to arrange a marriage ceremony varies according to their culture and tradition. Nepal has its own style of marriage system and there are different types of the way to get married such as arrange marriage, love marriage, Court marriage, elopement, and other cultural marriage. Most of the Hindu people have arranged marriage and it is regarded as one of the best ways to get married in Nepal, where their family or guardian will search the bride and groom for their children. According to the government of Nepal law, the age of boy or girl 20 is the perfect age for marriage. Once their children become at the age of marriage, their parents and relative search for the groom and bride. The next, love marriage, in this type of marriage, once will choose their life partner themselves. The third one is court marriage, where couples are happy with each other’s and if their parents are agreed to get married then they both will go to the court and get a marriage certificate. Elope is also another type of marriage in Nepal. When both boy and girl love each other and agree to a marriage with each other but their parents disagree with their relationship. Then finally, they will elope and get married.  
 According to the Country Code, Muluki Ain,1963, last amended in 2007, Marriage is such bond which is entered upon one’s free will and consent. If both couples are disagreed with each other or can’t stay with each other then the only second marriage will take place. According to the law of Nepal, after marriage, if a wife is abandoned, cruelly treated, or husband brought or kept another female, the first wife is entitled to share couple’s half property. For men, if his wife is suffering from incurable venereal disease such as insane, paralyzed, goes blind, fail to give birth within 10 years of marriage or agreed to live separately by taking shared property, in such a case, women are not allowed to divorce but Men are allowed to marry a second time.
Conferring to the Country Code Eleventh Amendment Act, 2002, After marriage, a wife will get equal right to her husband’s property. According to existed law of 2002, if women are harassing physically or psychologically, husband established a sexual relationship with other women, incapable producing children, or affected by sexually transmitted diseases (HIV/AIDS) then women are allowed to give a divorce. In the case of divorce, the property will be shared equally between husband and wife and women should not have to return that property if she married another man. However, if she had a child, then she has to hand over that property to her child.

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