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.
Polygamy, the practice of having multiple spouses, has historically been a part of Nepalese society, particularly among certain ethnic groups and communities. Rooted in cultural traditions, religious beliefs, and socio-economic factors, polygamy was once an accepted norm, especially in rural areas and among the aristocracy. However, with the modernization of laws and the influence of international human rights principles, Nepal has taken steps to outlaw and criminalize polygamous marriages.
The Nepalese legal system currently prohibits polygamy under the Muluki Civil Code, reinforcing monogamous marriage as the legal standard. Despite this, some cases of polygamous unions persist due to deeply ingrained customs, economic reasons, and a lack of strict enforcement of legal provisions. The debate over polygamy in Nepal continues, balancing between cultural heritage, gender rights, and legal frameworks.
Muluki Civil Code, 2074 sec 70(c) clearly states that marriage can only be concluded if the matrimonial relationship of both man and woman doesn’t exist. In Nepal, second marriage is not only immoral; it is also illegal and punishable by law. Bigamy irreversibly deteriorates, permanently destroys, and irreparably damages the conjugal relationship in a country like Nepal, where Hindu Jurisprudence has a strong influence on family structure, rituals, customs, traditions, and law.
Muluki Civil Code,2074 sec 71 (2e) states that marriage may not be concluded by misrepresenting their actual marital status. Furthermore, sec 71(3) states that a person who is aggrieved from the conclusion of marriage by way of misrepresentation of their marital status then such person may get such a marriage voided and claim reasonable compensation from the person who concludes or causes to be concluded, the marriage by misrepresentation.
Muluki Penal Code, 2074 sec 175, has penalized bigamy/polygamy.
- No married man shall, during the continuation of the marital relationship, conclude another marriage.
- No woman shall conclude marriage with a man knowingly that he is already married.
- A man or woman may marry again if the husband and wife have got separated upon making a partition by law.
- A person who commits, or causes to be committed polygamy shall be liable to a sentence of imprisonment for a term of one year to five years and a fine of ten thousand to fifty thousand rupees.
- The marriage shall, ipso facto, be void.
- The time limit for filing the case shall be three months from the date of knowledge of the commission of the offense.
Procedure for filing a case of polygamy
According to Schedule 1(1)(a)(10) of the National Penal Code, 2074 B.S., bigamy is a state-party case where a government attorney shall prosecute case on the behalf of victim.
According to Section 4 of the National Criminal Procedure Code, 2074 B.S., the victim must file a First Information Report (F.I.R.) with the police and provide details about the incident. The concerned police officer investigates the offense and creates a case file, which is then forwarded to the District Government Attorney's Office.
If the concerned government attorney believes that the proof and evidence collected are sufficient to institute the case, he or she must prepare a charge sheet in the form referred to in Schedule-20 and submit it to the concerned District Court within the time limit.
Marriage is one of the basic social institutions shaping family life, societal values, and legal structures. In Nepal, though marriage is deeply rooted in cultural and religious traditions, legal reforms have made sure monogamy is a standard imposed by the law. The Muluki Civil Code, of 2074, strictly prohibits polygamy and bigamy, reinforcing the primacy of legal and ethical commitments within marriage. Despite these legal provisions, some cases of polygamy persist due to socio-cultural influences, economic factors, and gaps in enforcement.
Although there are particular penalties within the Nepalese legal framework concerning polygamy, imprisonment and fines do establish the seriousness of the government to enforce a monogamous marriage. Sections 70(c), 71(2e), and 71(3) of the Muluki Civil Code prescribe the grounds that render bigamous marriages invalid and ensure rights to affected individuals. Moreover, under the Muluki Penal Code, 2074, Section 175, is the law enacting legal responsibility.
Even as the Nepalese government has taken huge strides to combat polygamy, strict implementation and awareness are also very necessary. The changing legal system has to go hand in hand with societal attitudes for the sanctity of marriage, protection of human rights, and gender equality. Addressing these challenges will put Nepal on the right track toward a more just and equal society, where mutual respect in marriage is upheld based on the law.