Introduction to marriage
The legally or formally recognized union of two people as partners husband and wife in a personal relationship between two or family is known as marriage.
Marriage defines the relationship that exist in between a husband and wife.
Definition:
According to Black Law Dictionary: “Marriage is a legal union of one man and woman as husband and wife “.
According to section 68 of the National Civil Code,2074: ” Marriage is a permanent inviolable and holy social and legal bond which is based on free consent and established to conjugal and family life between a man and a woman”.
According to Section 67 of the National civil code, 2074:” If a man and woman accept each other as the husband and wife through any occasion, ceremony, formal or other act a marriage shall be deemed to have been concluded”.
In the context of Nepal,
According to Section 70, of the National Civil Code,2074 ‘Marriage may be concluded between man and women on the following conditions:
(a). If the man and women agree to accept each other as husband and wife.
(b). If the man and woman are not relatives punishable by law on incest.
(c). If matrimonial relationship of both the man and woman doesn’t exist.
(d). If both had attained 20 years of age.
Exception on clause (b), but if it is accepted or practiced for a longtime, not restricted by incest law to marry in close blood relationship.
* Void Marriage
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning and is generally treated under the law as if it never existed and requires no formal action to terminate.
According to Section 72 of the National Civil Code 2074: There is a provision for Marriage to Void: A marriage entered into under any of the following conditions shall be automatically void ipso facto :
(a) A Marriage concluded without consent of the Man or the women.
(b) A marriage concluded between the relatives punishable by law on inces.
(c) If the marriage concluded between Man and women below the 20 years old.
(d) If the matrimonial relationship of both the man and the woman still exists in accordance by law.
*Voidable Marriage
A voidable marriage is considered valid until it is annulled by a court. Unlike a void marriage, which is invalid from the start, a voidable marriage remains legally binding unless one of the parties challenges it and obtains a formal annulment.
According to section 73 of the National Penal Code,2074: If a marriage is entered into under any of the following circumstances and one of the parties involved does not accept it, that person may have the marriage annulled.
(a) If marriage is concluded or cause to be concluded with a man or woman on any of the following conditions by way of misinterpretation :
- One who has contracted H.I.V or Hepatitis ‘B’ or similar other incurable severe disease,
- One who has already been proved to have no sexual organ, to be impotent or to have no reproductive capability,
- One who is dumb or has lost hearing capacity,being fully blind or is suffering from leprosy.
- One who is of unsound mind,
- One who is already a married
- One who is a pregnant,
- One who has been convicted of a criminal offense moral turpitude by a court and sentenced for the same.
A marriage shall be void only with the consent of the woman if she is pregnant or has given birth to a child as a result of the marriage.
References
- National Civil Code,2074
