After reading this article, you will learn about the provision regarding marriage cancellation in Nepal. Void marriage and cancellation of marriage in Nepal are guided by the Muluki Civil Code 2074 and the Muluki Criminal Code 2074.
Condition of Valid Marriage
A marriage must have been valid at the time and place it was performed for it to be recognized as valid. E.g. religious place or court. The validity of a marriage is generally determined by the law of the place where the marriage was performed or celebrated.
Marriage Cancellation in Nepal – Void Marriage
The law has not given acceptance for all kinds of marriages. If the marriage is voidable according to the prevailing laws, such marriages are unacceptable and void from the beginning. Such marriages are null and void and there is no existence of marriage and such marriages are called void marriages or marriages null and void.
Such marriages are not accepted as marriages in law. The status of the individual is unmarried in case of such person having a void marriage, but if a baby has already been born as a result of such marriage at the time of it being invalid as a voidable marriage, it shall not affect the legal rights of such a child, in other words, the legal rights of the child is unaffected by the marriage of its parent being void.
But the marriages mentioned above are automatically void and null and void marriages in the eyes of the law.
Voidable Marriage
If any party lies about the below things and marries then it will be a voidable marriage.
- If any party is suffering from HIV or Hepatitis B or any other hard incredible diseases
- If it has been proved that the candidate has no sexual organs is sterile or cannot bear a child
- The candidate who cannot speak or hear in full blind or is a leaper
- Not in full senses
- Already married
- Pregnant
- Convicted and punished by the Court on moral turpitude on an alleged criminal offense
Punishable Marriage
- Child Marriage
- Polygamy
- Incest
- Adultery
- Jari
