Polygamy Law in Nepal (2026): Bigamy, Punishment & Divorce Ground

Polygamy — and its narrower form bigamy — is criminal in Nepal. Section 175 of the Muluki Criminal Code 2074 (2017) makes the act of contracting a second marriage while a first marriage subsists a punishable offence, with imprisonment of one to five years and a fine of NPR 10,000 to NPR 50,000. Section 70(c) of the Muluki Civil Code 2074 makes the second marriage itself void ab initio. Section 95(4) gives the wife of a bigamous husband a direct ground to seek divorce. Together, these three provisions — criminal punishment, civil voidness, and divorce entitlement — give the law a fully integrated response to polygamy.

This guide is the 2026 (2083 BS) practitioner's view of polygamy law in Nepal: the criminal offence under Section 175, the civil voidness under Sections 70 and 71 of the Civil Code, the wife's divorce ground under Section 95(4), the rare exceptions (consensual partition, death of first spouse, prior divorce), the procedure for challenging a polygamous marriage, and how the same incident grounds parallel criminal prosecution and civil divorce. Whether you are a wife discovering a husband's second marriage, an accused defending a bigamy charge, or counsel structuring the file, this is the document you will work from.

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What is polygamy under Nepali law in 2026?

Polygamy in Nepali law is the act of contracting a marriage with a second person while an existing marriage subsists. The narrower term bigamy is used where there are exactly two marriages; polygamy can extend to multiple marriages by the same person. Both are criminal offences under Section 175 of the Muluki Criminal Code 2074 (2017) and both produce a void second (and any further) marriage under Section 70(c) of the Muluki Civil Code 2074. The law applies to both husbands and wives — though the social pattern in Nepal historically and in 2026 still sees men contracting bigamous marriages more often than women.

Polygamy was widely tolerated in older Nepali customary law and even codified in some form under the older Muluki Ain. The 2074 codification — combined with the constitutional equality framework at Article 18 of the Constitution of Nepal 2072 — produced an unambiguous prohibition. The 2025 family-law amendment debate further sharpened enforcement priorities, though the substantive prohibition has been clear since the 2074 Code came into force in 2018. The law applies to all Nepali citizens regardless of religion, ethnicity, or community — there are no religious or caste exceptions.

Section 175 of the Criminal Code — the criminal offence

Section 175 of the Muluki Criminal Code 2074 makes polygamy a criminal offence. The text catches three categories of conduct: a person who personally contracts a second marriage while in an existing marriage, a person who knowingly causes such a marriage to be contracted (typically a parent or relative arranging the second marriage), and a person who knowingly facilitates or witnesses the second marriage with full knowledge of the existing first marriage.

The punishment under Section 175 is imprisonment of one to five years plus a fine of NPR 10,000 to NPR 50,000. The sentence band is broad to allow the court to calibrate based on aggravating circumstances:

• Aggravating factors — the second marriage was arranged secretly, the second wife was deceived about the existing first marriage, children were involved, the first spouse suffered material harm or social loss, the offence was repeated.
• Mitigating factors — the second marriage was an isolated lapse, restoration was attempted, the offender accepts responsibility and is willing to dissolve the second marriage, the first spouse does not seek the maximum sentence.

The aiding-and-abetting principle applies: parents who arranged the marriage, the celebrant who performed it knowing of the first marriage, and the second spouse where she had knowledge of the first marriage can all be charged as accomplices. The Office of Attorney General prosecutes; the case is tried at the District Court of the place where the second marriage was contracted or where the parties reside.

Section 70(c) of the Civil Code — the second marriage is void

Section 70(c) of the Muluki Civil Code 2074 sets out the conditions for a valid marriage. One condition is that the matrimonial relationship of both the man and the woman does not exist at the time of marriage. Where this condition is breached — that is, where one of the parties is already married to another person — the marriage is void. The second marriage has no legal force from the moment of its purported solemnisation; it is not valid and never becomes valid through subsequent events.

The voidness has practical consequences for the second spouse, particularly where she was unaware of the first marriage:

• No spousal status. The second wife is not a wife in law; she has no inheritance right from the husband, no property partition right under Civil Code §96, no maintenance right under §100.
• No recognition for visa, citizenship-by-marriage, or NID purposes. A void marriage cannot ground a Non-Tourist visa application, citizenship application, or any other status that depends on valid marriage.
• Children's status. Children born of a void second marriage have legitimacy and inheritance rights from both parents under specific provisions of the Code; the parental relationship is recognised even where the marriage is not.
• Compensation under Section 71(2e). Where the second wife was misled into marriage by the husband's misrepresentation about his marital status, she can claim reasonable compensation. The amount is at the court's discretion based on the circumstances.

Section 95(4) — the wife's ground for divorce

Section 95 of the Civil Code 2074 lists the grounds on which a wife can seek divorce. Section 95(4) is direct: where the husband contracts another marriage while the first marriage subsists, the wife is entitled to divorce. This is among the few grounds where the wife has a near-automatic entitlement once the bigamy is proven; the District Court's discretion is largely confined to the consequential matters (partition, alimony, custody) rather than to whether the divorce should be granted.

The Section 95(4) ground operates independently of the criminal prosecution under Section 175. The wife can seek divorce without filing a criminal complaint, and equally can file a criminal complaint without seeking divorce. In practice, counsel typically pursues both routes simultaneously: the criminal prosecution applies pressure and provides accountability; the divorce delivers freedom from the marriage and triggers partition and alimony entitlements. For comprehensive cover of the divorce framework see our divorce process in Nepal guide.

When can a person remarry legally in Nepal?

Re-marriage is permitted only after the first marriage has been formally ended. Three legal pathways exist:

1. Divorce decree. A District Court divorce decree under the Civil Code 2074 ends the marriage. After the decree is final and the appeal window (35 days) has closed, either spouse can remarry.
2. Death of the first spouse. Death automatically dissolves the marriage. The surviving spouse can remarry once the death certificate has been obtained from the Local Government / Ward Office and produced at the new marriage application.
3. Partition (अंशबन्डा). Where spouses have legally separated through partition under Civil Code Chapter 11 (separation of bread-and-board with formal partition), they may remarry under Section 175's exception. This is the historically narrow exception that older customary law expanded into a polygamy escape route — the 2074 Code reads it strictly, requiring a formal partition deed registered at the Malpot office, not informal living-apart.

Outside these three pathways, a second marriage during the subsistence of the first is criminal under Section 175 and void under Section 70(c). Religious ceremonies, customary practices, and informal "agreement of the families" cannot validate a second marriage that the law treats as void.

Compensation under Section 71(2e) — the misled second spouse's claim

Section 71(2e) of the Civil Code 2074 protects spouses misled into a marriage by misrepresentation of marital status. Where the husband concealed his existing first marriage from the second wife at the time of the second marriage, the second wife is entitled to:

• Voidance of the second marriage on her petition to the District Court — relieving her of the legal status that exposes her to social and economic harm.
• Reasonable compensation for the harm caused by the misrepresentation — covering the financial, social, and emotional damage. The court determines the amount considering the duration of the deception, the financial loss suffered, the social standing affected, and the husband's financial capacity.
• Maintenance of any children of the second marriage from the husband — even though the marriage is void, the children's right to maintenance is preserved.

The Section 71(2e) claim is typically filed at the same District Court that handles the voidance petition and (if the first wife also files) the criminal complaint. A consolidated approach lets one court look at the whole picture and order proportionate compensation that reflects the harm to both wives.

How a polygamy case proceeds — the parallel-track flow

1. First wife discovers the second marriage. Discovery is typically through documentary evidence (a second marriage certificate, photographs, witness reports), social-media presence, or admission. Counsel preserves the evidence at the earliest stage.
2. Pre-action notice and consultation. Counsel advises the first wife on the three available tracks and their implications. Some clients choose all three; some choose only divorce + civil voidance and not criminal prosecution.
3. FIR for criminal prosecution. If the criminal track is chosen, an FIR is filed at the local Nepal Police station under Section 175. The police investigate, record statements, and forward to the prosecutor.
4. Civil voidance petition. Either wife (or both) can file a petition at the District Court to declare the second marriage void under Section 70(c). The petition typically combines voidance with the Section 71(2e) compensation claim.
5. Divorce plaint by first wife. The first wife files a divorce plaint under Section 95(4), pleading bigamy as the ground. Partition under Section 96, alimony under Section 100, and custody under Section 115 are pleaded together.
6. Criminal trial at District Court. The criminal proceeding runs in parallel under the Criminal Procedure Code 2074. Conviction triggers the 1–5 year sentence and fine; acquittal does not bar the civil voidance or divorce.
7. Civil decrees. The District Court issues the voidance decree (declaring the second marriage void), the divorce decree (dissolving the first marriage), and the compensation order (under Section 71(2e) and / or the divorce-related partition and alimony orders).
8. Execution. Civil decrees are executed through the court's execution branch — partition mutation at Malpot office, alimony attachment of bank accounts or salary, compensation enforcement.

Defences in a polygamy case

The accused in a polygamy case is not without recognised defences. Successful defences typically rest on one of the following:

• First marriage void. Where the first marriage was itself void (e.g. parties below the marriage age of 20, prohibited blood relationship, mutual-consent absence), the accused argues that there was no subsisting first marriage at the time of the second marriage. This requires positive evidence of the first marriage's voidness.
• First marriage already dissolved. Where the first marriage was dissolved by divorce or death before the second marriage, no offence is committed. Documentary proof of divorce decree (with appeal window closed) or death certificate is decisive.
• Partition under Section 175 exception. Where the parties had legally partitioned with separation of bread-and-board through a registered partition deed, the accused argues that the marital relationship had ended in legal substance. The defence is fact-sensitive and the court reads the partition exception strictly.
• No second marriage. Where the alleged "second marriage" was a religious ceremony, social arrangement, or cohabitation that did not amount to a formal marriage, the accused argues that the elements of marriage under Section 67 of the Civil Code are not made out.
• Mistake of fact. Where the second spouse genuinely believed the first marriage had ended (e.g. the husband produced a forged divorce decree), the second spouse may have a mistake-of-fact defence, but the husband himself does not.
• Limitation. The criminal limitation under the Criminal Procedure Code 2074 applies; offences not charged within the prescribed period are time-barred.

Common factual patterns in 2026 polygamy cases

• Husband contracts a second marriage in another district. The classic pattern — the husband travels to a different district, contracts a second marriage at the local registrar or through religious ceremony, and conceals it from the first wife. The second marriage is discovered later through social media, photographs, or rumour.
• Husband produces forged divorce decree to second spouse. The husband shows the second wife a forged or non-existent divorce certificate from his first marriage, inducing her into the second marriage. Both wives have rights — the first under Section 95(4), the second under Section 71(2e).
• Husband contracts second marriage abroad. A husband working in Gulf, Malaysia, or elsewhere contracts a second marriage in his country of work. The Nepali first wife discovers it from social media or a returning relative. Recognition of the foreign marriage in Nepal is the threshold question.
• NRN's second marriage to Nepali woman. A diaspora Nepali with a foreign spouse abroad contracts a second marriage with a Nepali woman during a visit home — the Nepali woman is typically misled about the existing first marriage. Section 71(2e) applies to her claim.
• Wife's second marriage. Less common but increasingly visible — a wife contracts a second marriage while still in the first. The same Section 175 framework applies; the husband can pursue all three tracks.
• Historical / customary polygamy. Older households where multiple wives existed before the 2074 Code came into force in 2018 — these older marriages are typically not retrospectively criminalised, but any new marriage post-2018 falls squarely within Section 175.

How can Alpine Law Associates help with polygamy matters?

Alpine Law Associates handles polygamy work from both the aggrieved-spouse side and the defence side. For aggrieved first wives, we run the three-track engagement: criminal prosecution support under Section 175 from FIR through trial, civil voidance petition under Section 70(c), and divorce plaint under Section 95(4) with full partition / alimony / custody pleadings. We coordinate evidence preservation, witness preparation, and timing across the tracks so each proceeding strengthens the others.

For misled second wives, we file the Section 71(2e) compensation claim alongside voidance and pursue maintenance for any children. For accused persons, we structure defence around the recognised defences (first marriage void, prior dissolution, partition exception, no second marriage, mistake of fact). For NRN clients with cross-border polygamy issues, we coordinate Nepali proceedings with foreign-jurisdiction recognition where applicable. As a full-service law firm in Nepal, we run polygamy files alongside related divorce, custody, and partition work without you switching counsel.

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Last reviewed: April 2026