Family is the basis for a life of domestic peace and tranquility within which emotions can be shared and from which the concerns of the outside world can be excluded. It is a powerful means for promoting the well-being of the state’s citizens of the future can be born and reared. Family law is the law that regulates family relationships like marriage, divorce, treatment of children, and related economic matters. The family law in Nepal deals with cases like divorce, separation, child custody, alimony, visitation, and related other cases.
Part 3 of the Civil Code,2074 B.S. is all about the family law of Nepal. Chapter 1 deals with the provision relating to the marriage. Section 68 says that Marriage is a holy social and legal bond and has to be permanent and inviolable based on free consent.
The Nepalese legal system provides freedom of marriage, establishing a family and spending conjugal life if both the man and woman have completed 20 years of age are not involved in any matrimonial relationship at the time of marriage, and if are not relatives punishable by law in incest.
Section 76 says that the husband and wife have to register the marriage for the legal validity of the marriage has been concluded by religious or social rituals by filing an application in the ward office of their permanent residence or in the Embassy of Nepal/ consulate office if living out of Nepal. The registration of the marriage is compulsory for the legal validity of the marriage. But the marriage that was concluded before the commencement of this Code is not necessary to be registered.
Whereas Nepalese laws have also provided for registered marriage/ court marriage by making an application in the concerned District Court if they are in Nepal. And if they are outside Nepal, they can make an application in the Nepali Embassy or consulate-general.
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