Marriage, Divorce, and Annulment Under Nepal's Muluki Civil Code 2074

Marriage represents the union of two persons recognized socially or legally. Commonly, the foundation rests on love, commitment, and mutual support. Marriage serves as a cornerstone for family life, customarily practiced across diverse cultures, religious observances, and various legal systems worldwide. Conventionally, marriage provided for mutual spousal rights and responsibilities that extend beyond finance, emotions, and social order. Marriage performs a very vital role in the continuation of societies and promotes stability. While some marriages are based on personal choice, others are arranged.

The termination of a marriage is the legal and social separation of a marital relationship, often through divorce or annulment. Divorce legally ends a marriage, and both parties can remarry. Annulment declares a marriage invalid from its beginning. The most common grounds for termination are irreconcilable differences, infidelity, domestic violence, or incompatibility.

Muluki Civil Code has defined marriage into three types:-

• Valid Marriage
• Void Marriage
• Voidable Marriage

Valid Marriage

A valid marriage is legally and socially accepted as being between two persons that meets all the legal, cultural, and religious requirements in the area in which it took place. To be valid, a marriage would generally need to be entered with mutual consent, with legal age, with mental capacity, and concerning formal requirements like registration and celebration. It should also be according to laws regarding monogamy and prohibited relationships. A valid marriage entitles spouses with legal rights and responsibilities, such as inheritance, property ownership, and spousal support. In case any of the essential legal conditions are not present, the marriage is either considered void or voidable by law.

Muluki Civil Code 2074 Section 70, deals with valid marriage.

If marriage is concluded between a man and a woman following these conditions then it is considered as valid marriage; -

• If the man and the woman agree to accept each other as husband and wife,
• If the man and the woman are not relatives, punishable by law on incest,
• If the matrimonial relationship of both the man and the woman does not exist,
• If both have attained twenty years of age.

Void Marriage

A void marriage is considered never to have existed in the eyes of the law because it was legally invalid from its start. Unlike a voidable marriage, where annulment has to be sought first before it can be declared invalid, a void marriage is automatically null and void without any legal actions. Common grounds for a void marriage include bigamy, incest, lack of legal age, or lack of proper consent. Since a void marriage has no legal standing, the parties involved do not need to go through a formal divorce to dissolve it.

Muluki Civil Code 2074 Section 72, deals with valid marriage.

Marriage concluded in any of the following circumstances shall be void,

• A marriage concluded without the consent of the man or the woman,
• A marriage concluded between relatives, is punishable by law on incest.
• Marriage is done without attainment of twenty years of age.
• Another marriage concluded by a man or woman whilst the current marital relationship is still prevalent except in the situation of being separated by taking partitions according to law.

Voidable Marriage

A voidable marriage is legally valid, yet, upon being challenged by one of the spouses in a court of law, can be declared invalid. While a void marriage is automatically invalid, a voidable marriage remains valid until annulled. Grounds for a voidable marriage may include lack of free consent due to fraud, coercion, or undue influence, mental incapacity, impotence, concealment of important facts, or one spouse being underage without proper consent. If no party challenges the marriage, it remains legally binding. Once annulled, a voidable marriage is considered never to have existed.

Muluki Civil Code 2074, section 73 deals with voidable marriage.

No one shall conclude, or cause to be concluded, marriage with a man or a woman on any of the following conditions, by way of misrepresentation. Marriage concluded in any of the following circumstances and any person who concludes such a marriage does not accept it, the person may get such a marriage voided.

• If both have not attained twenty years of age.
• One who has contracted human immunodeficiency virus (HIV) or Hepatitis 'B' or similar other incurable severe disease,
• One who has already been proven to have no sexual organ, to be impotent, or to have no reproductive capability,
• One who is dumb or has lost hearing capacity, is fully blind or is suffering from leprosy,
• One who is of unsound mind,
• One who is already married,
• One who is pregnant,
• One who has been convicted of a criminal offense involving moral turpitude by a court and sentenced for the same.

Cancellation or dissolution of marriage can only be done following the conditions of voidable marriage. Cancellation of marriage is different than divorce. Valid marriage could be divorced but the voidable marriage can be annulled if lawsuit is filed within the time limitation.

Muluki Civil Code, 2074 Section 84, lawsuit can be filed within three months after the date on which such act was done or action taken.

Difference Between Cancellation of Marriage and Divorce

Marriage is an institution that shapes social and legal relationships. Not all marriages, however, stand the test of time, and their termination is a matter of law. According to the Muluki Civil Code 2074, a marriage either may be valid, void, or voidable, depending on the conditions laid down for each category. If the dissolution of a legally valid marriage by divorce, marriage annulment declares a void or voidable marriage as never existed. The understanding of the difference in these legal processes will protect an individual's rights. Whichever the case may be, annulment or divorce, both have legal coverage to make the decision just and fair for a person to go ahead with protection under the law.

Family Lawyer in Nepal

At Alpine Law Associates, we understand that family matters are not just legal issues—they are deeply personal, often emotionally charged, and require a sensitive, knowledgeable approach. As a legally registered full-service law firm in Nepal, we specialize in family law, offering end-to-end legal solutions for marriage, divorce, annulment, property division, child custody, and more. Whether you are navigating a complex family dispute or simply seeking legal clarity on personal matters, our experienced team is here to guide you with empathy, professionalism, and precision.

From drafting legal documents to representing you in court, we handle every aspect of your case with the utmost confidentiality and dedication. Our expertise in the Muluki Civil Code 2074 ensures that your rights are protected and your voice is heard in every family-related legal matter. Choosing Alpine Law Associates means choosing peace of mind—because when it comes to family, you deserve legal advisors who treat your case as if it were their own.

Conclusion

Family law issues require not only legal insight but also emotional sensitivity and strategic guidance. Whether it's entering a valid marriage, challenging a voidable one, or dealing with the difficult process of annulment or divorce, Nepal’s Muluki Civil Code 2074 provides a structured legal framework to ensure justice and protection for all parties involved. Understanding the distinctions between valid, void, and voidable marriages is essential for anyone navigating family legal matters in Nepal.

At Alpine Law Associates, we are more than just legal representatives—we are trusted advisors committed to protecting your family’s future. Whether you're facing a legal dispute or simply want to know your rights under Nepalese law, we are here to support you every step of the way. Let our family law experts help you resolve your concerns with clarity, compassion, and legal strength.