Polygamy in Nepal: Legal Provisions, Penalties, and Social Implications

Marriage is a basic social institution, yet it is central to joining people into a union that is both legally and culturally recognized. It serves as one basis for family life, wherein social norms, values, and relationships are shaped. While marriage has something to do with love, companionship, and mutual support, its forms, traditions, and legal frameworks vary across cultures and regions.

Cultural Roots and Legal Shifts: The Evolution of Polygamy in Nepal

Polygamy, the practice of having multiple spouses, has historically been a part of Nepalese society, especially among some ethnic groups and rural communities. Influenced by traditional customs, religious beliefs, and economic reasons, it was once seen as acceptable, particularly among the aristocracy or influential families.

• Polygamy was more common in rural or remote areas.

• It often existed in communities where lineage, labor division, or inheritance were tied to family size.

• Cultural beliefs and social hierarchies contributed to its practice.

With evolving societal norms, modernization, and the growing influence of international human rights frameworks, Nepal has moved toward outlawing polygamous practices, focusing on legal reform and social change.

Legal Restrictions on Polygamy under the Muluki Civil Code, 2074

Nepal legally recognizes only monogamous marriages. The Muluki Civil Code, 2074 sets clear rules:

• Section 70(c): A marriage can only take place if neither party is already in a marital relationship.

• Section 71(2e): Marriage cannot be concluded by hiding one’s marital status.

• Section 71(3): The victim of such misrepresentation can void the marriage and claim compensation.

These laws aim to preserve the integrity of marital commitments and protect individuals from deception and abuse in relationships.

Polygamy as a Criminal Offense under Muluki Penal Code, 2074

The Muluki Penal Code, 2074, Section 175 strictly criminalizes bigamy/polygamy. Here’s what it includes:

• No man can marry another woman while his current marriage is legally ongoing.

• No woman is allowed to marry a man she knows is already married.

• Second marriage is allowed only if a legal partition or divorce has occurred between the previous spouses.

• Penalty for violating this law:

  • Imprisonment for 1 to 5 years.

  • Fine of Rs. 10,000 to Rs. 50,000.

  • The second marriage is automatically void.

• The case must be filed within 3 months from the date of knowledge of the offense.

These provisions reinforce the importance of monogamy as a legal and ethical norm in Nepalese society.

Procedure for Filing a Case of Polygamy in Nepal

Filing a case of polygamy involves several procedural steps as outlined in the National Criminal Procedure Code, 2074:

• As per Schedule 1(1)(a)(10) of the Penal Code, bigamy is a state-party case. This means:

  • A government attorney prosecutes the case on the victim's behalf.

• Steps to follow:

  • The victim files a First Information Report (F.I.R.) at the nearest police station.

  • The police investigate the case and gather relevant evidence.

  • The file is forwarded to the District Government Attorney’s Office.

  • If the attorney finds the evidence adequate, a charge sheet is submitted to the District Court using the format in Schedule-20.

This system ensures that victims are not solely responsible for the legal burden, which helps in promoting justice and support.

Social and Legal Ramifications of Polygamy in Nepal

Although polygamy is legally banned, certain socio-cultural factors still allow it to exist in practice. These include:

• Economic dependency of women on husbands.

• Lack of awareness about legal rights.

• Social acceptance or silence in rural areas.

• Weak enforcement mechanisms at the local level.

These realities often make victims of polygamy—especially women—reluctant or unable to seek legal help.

The Government’s Stand and Penalties: Reinforcing Monogamy

To protect the sanctity of marriage and uphold gender justice, Nepal has instituted clear penalties. These include:

• Voidance of the second (illegal) marriage.

• Provision of compensation to the aggrieved partner.

• Imprisonment and monetary fines to deter future violations.

Legal codes such as Section 70(c), 71(2e), 71(3) of the Muluki Civil Code and Section 175 of the Penal Code highlight the government’s intention to make marriage a fair, transparent, and respectful institution.

The Way Forward: Legal Awareness and Social Reform

While Nepal has made commendable legal progress, challenges remain:

The path ahead lies not only in enacting laws but also in changing attitudes. A just and equal society requires both law and awareness working hand in hand.