Chapter-2

Chapter-2
Marriage through Registration

4. Marriage may be concluded:

Except otherwise prohibited to get marriage pursuant to prevailing law, the following male and female may conclude marriage pursuant to this Act,-

(a) In case any of the male or female does not have husband or wife,

(b) In case one of the male or female has not gone mad, and

(c) In case both the male and female have completed the age of twenty years.

5. Application for Marriage:

(1) The male and female, who are interested to conclude a marriage under this Act, shall submit an application at least fifteen days earlier, in a prescribed format before the Marriage Registration Officer.

(2) To submit an application pursuant to Sub-section (1), both the male or female or one of them must have resided in the area (jurisdiction) of the concerned Marriage Registration Officer, since at least fifteen days before to submit such application.

6. Marriage Application Detail Register:

(1) The Marriage Registration Officer shall maintain the detail of the application, received pursuant to Section 5, in the marriage application detail register so prescribed and shall also keep the application in the official record. Such application detail register shall be shown to the person interested to inspect the register without charging any fees.

(2) The Marriage Registration Officer shall make a decision regarding whether or not to conclude the marriage, within seven days upon receiving the application pursuant to Section 5.

(3) In case, the Marriage Registration Officer denies to conclude the proposed marriage, for finding it in against of the prevailing law, any of the

Officer has been designated by a Notification of 2028.8.17.
Amended by Amending Some Nepal Acts to maintain Gender Equality Act, 2063.

proposed party to the marriage may file an appeal before the concerned Court of Appeal within thirty days of such denial. In such case, the decision of the Court of Appeal shall be final and the Marriage Registration Officer shall proceed as per the decision of the Court of Appeal.

7. Procedure to be followed by the Marriage Registration Officer in aboard in case of any doubt:

Notwithstanding anything contained in this Act, the Marriage Registration Officer stationed in aboard has any doubt regarding the proposed marriage, such officer shall forward the matter to the Government of Nepal for decision and proceed as per the decision of the Government. In such case, marriage shall not be concluded unless the decision of the Government of Nepal is received.

8. Procedure of Marriage:

(1) Before concluding a marriage pursuant to this Act, the parties to the marriage and at least three witnesses shall sign a deed of declaration (affidavit) in a prescribed format and submit it to the Marriage  Registration Officer and the Marriage Registration Officer shall also put signature in this document.

(2) Whether any religious, ethnic or dynastic custom, tradition, usage or practice has been followed or not or it has to be followed or not, to conclude a valid marriage pursuant to this Act, the parties to the marriage shall address the
following statement in front of the Marriage Registration Officer and witnesses who have signed in the deed of declaration (affidavit):

I …………….hereby, accept/agree to you……………..as my legal husband/wife.

9. Marriage to be concluded within a time frame:

A marriage has to be concluded within three months in case it has been so decided pursuant to Section 6 or it has
been finally decided by the Government of Nepal in case it was so forwarded to the Government pursuant to Section 7 and in case a marriage is not concluded within that time frame one has to submit a new application for the  marriage.

Amended by Administration of Justice Act, 2048.

10. Registration of Marriage:

(1) The Marriage Registration Officer shall register the marriage concluded pursuant to Section 8 in the marriage register so prescribed and the parties to the marriage, witnesses and Marriage Registration Officer shall
put signature on such register.

(2) Such registration shall be the evidence of a marriage concluded under this Act.

(3) After the conclusion of such marriage, the Marriage Registration Officer shall issue a Marriage Registration Certificate to the parties to the marriage in a prescribed format.