Nepal marriage procedure

[DP2018 12]

Hi Guys, I am from India and due to travel ban I am not able to marry my fiancee in India. We are planning to get married in Nepal, please advise the procedure of marriage in Nepal for Indian people. 

[TBoneTX 45,288]

Country-specific thread is moved from General Immigration Discussion to the Asia/South regional forum.

[pm5k 129]

On 4/14/2021 at 3:27 AM, Yogi Yogi said:

Hi Guys, I am from India and due to travel ban I am not able to marry my fiancee in India. We are planning to get married in Nepal, please advise the procedure of marriage in Nepal for Indian people. 

Follow the procedure described by the department of state:

 

India: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

Nepal:  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nepal.html

 

Follow the procedure described by the department of state:

India: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

Nepal:  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nepal.html

NEPAL
Marriage Certificates

Available

Fees: The ward office, municipality, sub-metropolitan city office, and the metropolitan city office charge fees at their discretion.

Document Name: Marriage Registration Certificate

Issuing Authority: In the case of a social marriage, the ward officer of the municipality office produces a marriage certificate.  In the case of a civil marriage, the District Court produces a marriage certificate.

Special Seal(s) / Color / Format: There are several valid formats of typewritten, handwritten, or hybrid (typewritten and handwritten) marriage certificates, generally marked with the black rubber seal or self–ink stamp of the issuing authority.  The different formats diverge widely because four different types of offices in each of Nepal’s 77 districts issue marriage certificates.  Some marriage certificates are in English, some are in Nepali, and some are in both languages.  No uniform special seal, color, or format exists across all Nepali marriage certificates.  Even the orientation of Nepali marriage certificates (landscape versus portrait) varies.

Issuing Authority Personnel Title:  The ward office secretary, local registrar, or chief administrator.

Registration Criteria: A man and woman seeking to obtain a marriage license prior to marriage must submit an application in the prescribed format at least fifteen days prior to their marriage.  At least one member of the couple must have resided in the registration area for at least fifteen days prior to submitting the application.  Marriages can be registered after the marriage ceremony as well.

Procedure for Obtaining: Registrants must print the required form using the link below and submit it to the appropriate municipality or ward office registrar’s office for processing.  The forms are available online at kathmandu.gov.np.

For a Nepali citizen to enter into a legal marriage in Nepal with a U.S. citizen, U.S. Local Permanent Resident, Refugee, or Asylee, the Nepali citizen must first obtain an Affidavit of Eligibility to Marry (also known as a “no objection letter”) from the U.S. Embassy in Nepal.  The Nepali citizen must submit the Affidavit of Eligibility to Marry with the Marriage Certificate Application Form to the District Court in his/her home district, or in the district where the marriage will occur.  An Affidavit of Eligibility to Marry is available at the U.S. Embassy in Kathmandu at the cost of 50 USD or the equivalent in Nepali rupees.  Please see the following site for additional details: np.usembassy.gov.  The District Judge/Chief Justice also requires witnesses to execute affidavits confirming that the parties are free to marry.  The District Judge/Chief Justice requires a minimum of 15 working days to process the application and issue a marriage certificate.

Certified Copies Available: Certified copies are not available.

Alternate Documents: There are no Alternate Documents.

Exceptions: None

Comments:

    Nepali law recognizes both marriages entered into after obtaining a marriage license AND marriages that comport with the custom, tradition, usage or practice under any religion, ethnicity or dynasty.
    Marriage under a traditional/religious ceremony (social marriage):  Chapter 17 of the Civil Code contains provisions on marriage.  Section Number 1 of the Code states that,  "ave within the relationship punishable under the Chapter on Incest, any marriage may be solemnized with one's consent according to one's own will and pleasure, subject to the provisions set forth in several Numbers of this Chapter."  There is no reference in the General Civil Code to a requirement to register a marriage.   However, applicants may register any marriage or marital relation that concluded with the custom, tradition, usage or practice under any religion, ethnicity or dynasty if the marriage complies with the appropriate provisions regarding marriage in Nepal’s Civil Code.  To be valid, social marriages must) be solemnized a marriage through a ceremony that accords with traditions/religion and does not violate the laws related to incest and age requirements. Marriage following receipt of a marriage license:  The Marriage Registration Act 2028 contains the requirements to obtain a marriage license (prior to marriage) and the steps that must be followed to register the marriage with the government.

 

 

 
INDIA
Marriage Certificates

Available

Fees:  Varies by authority.

Document Name:  Marriage Certificate.

Issuing Authority: Religious authorities and the offices of the Government Registrar of Marriages, which are located in the headquarters of each district.

Special Seal(s) / Color / Format: Varies substantially.

Issuing Authority Personnel Title: Different for each state and religious authority that conducts the marriage.

Registration Criteria: Prior to 2006, marriages by Hindus, Buddhists, Jains, or Sikhs were not required to be registered, but may have been voluntarily registered under the Hindu Marriage Act of 1955. As of 2006, it is mandatory to register all marriages. In India, a marriage can either be registered under the Hindu Marriage Act of 1955 or under the Special Marriage Act of 1954.  For marriages registered at government offices under the Special Marriage Act, the certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee. For other marriages that are required to be registered with government authorities under the Hindu Marriage Act of 1955, registration criteria vary by authority.

Procedure for Obtaining:  Varies for each authority.

Certified Copies Available: There are no certified copies available.

Alternate Documents: See comments section.

Exceptions: None

Comments: Hindu Marriage Act is applicable to Hindus, whereas the Special Marriage Act is applicable to all citizens of India irrespective of their religion. Please note that marriages by Hindus, Buddhists, Jains, or Sikhs may be voluntarily registered under the Hindu Marriage Act of 1955.

A marriage certificate issued by a Christian church needs to be registered in the office of The Registrar of Marriages.  The registration authority varies from state to state.

If the parties are married in an Islamic religious ceremony, the certificate issued by the religious authority (such as a Nikah Nama contract issued by the mosque, or a marriage certificate issued by the Waqf Board) is sufficient proof of the marriage, and an additional registration with government authorities is not necessary/mandatory. A document known as a “Marriage Agreement” or “Deed of Marriage” to live as man and wife (under the Registration Act of 1908) is not sufficient confirmation of a marriage.  Such a document does not confer legal marital status under the law. The minimum age for a marriage to be legal is 18 for females and 21 for males.

Same-sex marriages are illegal in India.

 

Edited April 16, 2021 by pm5k
Formatting