1. Introduction of Second Marriage Law in Nepal

Second marriage law in Nepal is strictly regulated under the Muluki Civil Code 2074 (2017). In Nepal, a person cannot legally marry again while the first marriage is still valid, except in specific situations clearly defined by law. Many people search whether second marriage is legal in Nepal, what are the conditions, documents required, punishment for bigamy, and the legal process for remarriage after divorce or death of spouse.

This comprehensive guide explains the legal framework, eligibility criteria, administrative procedures, required documents, cost, timeline.

2. Legal Framework Governing Second Marriage in Nepal

Second marriage in Nepal is governed by the following laws:

Muluki Civil Code, 2074 (2017)

• Part III – Chapter on Marriage
• Defines conditions for valid marriage
• Prohibits bigamy
• Provides punishment for illegal second marriage

Muluki Criminal Code, 2074 (2017)

• Criminalizes bigamy
• Prescribes imprisonment and fine

Constitution of Nepal, 2072

• Article 38: Rights of Women
• Article 18: Right to Equality (prohibits discriminatory marital practices)

Local Government Operation Act, 2074

• Governs marriage registration through Ward Offices

3. Key Legal Provisions on Second Marriage in Nepal

Is Second Marriage Legal in Nepal?

Second marriage is only legal if:

1. The first spouse has died; OR
2. The first marriage has been legally dissolved by divorce through court; OR
3. The spouse has been missing for a legally recognized period and declared so by court; OR
4. Marriage has been annulled by court order.

Bigamy is Illegal

If a person marries again without legally dissolving the first marriage:

• The second marriage is void.
• Punishment may include:
  • Imprisonment up to 5 years
  • Fine up to NPR 50,000
  • Both imprisonment and fine

4. Administrative Authorities Involved

The following authorities handle second marriage legal procedures in Nepal:

District Court

• Divorce cases
• Annulment cases
• Declaration of missing spouse
• Bigamy cases

Ward Office (Local Level)

• Marriage registration
• Issuance of marriage certificate

District Administration Office (DAO)

• Citizenship updates
• Recommendation letters (in some cases)

5. What is the Title?

The legal title relevant to this subject is:

Marriage and Bigamy under Muluki Civil Code 2074

In legal documentation, it may appear as:

• Divorce Decree
• Marriage Registration Certificate
• Court Order for Annulment
• Death Registration Certificate

6. Eligibility Criteria for Second Marriage in Nepal

To legally contract a second marriage:

Mandatory Conditions:

1. Minimum age: 20 years for both male and female
2. First marriage legally terminated (divorce or death)
3. Free consent of both parties
4. No close blood relation prohibited by law
5. Both parties must be unmarried at the time of marriage

7. Documents Required for Second Marriage Registration

If Divorced:

• Citizenship certificate (both parties)
• Divorce decree (court certified copy)
• Passport-size photos
• Temporary residence certificate (if applicable)
• Recommendation letter from Ward Office

If Widowed:

• Citizenship certificate
• Death certificate of previous spouse
• Marriage certificate of previous marriage (if available)
• Photos

If Annulled:

• Court order of annulment

8. Step-by-Step Legal Process for Second Marriage in Nepal

Step 1: Legal Termination of First Marriage

• File divorce case at District Court (if not already divorced)
• Obtain final divorce decree

Step 2: Collect Required Documents

• Citizenship
• Divorce decree / death certificate
• Photos

Step 3: Application at Ward Office

• Submit application for marriage registration
• Provide witnesses

Step 4: Verification

• Ward office verifies documents
• Confirms marital status

Step 5: Marriage Registration Certificate Issued

• Official registration
• Certificate provided

9. Cost of Second Marriage Legal Process in Nepal

Cost varies depending on complexity and district.

10. Timeline

11. Other Legal Compliances

• Update marital status in citizenship
• Update passport records
• Property division compliance (if divorced)
• Child custody settlement (if applicable)
• Alimony or maintenance compliance
• Tax and inheritance planning

Failure to comply may result in legal disputes in property and inheritance matters.

12. FAQs on Second Marriage Law in Nepal

Is second marriage allowed in Nepal?

Yes, but only after legal divorce or death of the first spouse. Otherwise, it is considered bigamy and is punishable by law.

What is the punishment for second marriage without divorce in Nepal?

Up to 5 years imprisonment and a fine up to NPR 50,000 under the Muluki Criminal Code 2074.

Can a man marry a second wife without divorce in Nepal?

No. Polygamy is illegal in Nepal.

How long after divorce can you remarry in Nepal?

You can remarry after receiving the final divorce decree from the District Court.

Is court marriage required for second marriage?

Marriage must be legally registered at the Ward Office. Court involvement is required only if divorce or annulment is involved.

Can a foreigner remarry in Nepal?

Yes, but must provide:

• Divorce decree or death certificate
• No Objection Letter from embassy
• Valid passport and visa

Is second marriage valid without registration?

No. Unregistered marriage creates legal complications in property and inheritance matters.

13. Disclaimer

This article is for informational and educational purposes only and does not constitute legal advice. Laws may be amended, and procedural practices may vary by district. For case-specific advice, consult a qualified advocate or legal professional in Nepal.