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Are you seeking information about polygamy prohibition Nepal? Do you need to understand the legal consequences of bigamy under Nepalese law? Are you wondering whether second marriage is allowed in Nepal and what punishment it carries? This comprehensive guide explains everything about polygamy prohibition Nepal, including current laws, punishments, and legal procedures.
Is Polygamy Legal in Nepal?
No, polygamy prohibition Nepal is absolute and strictly enforced. Nepal officially abolished polygamy in 2018 when the National Civil Code 2074 and National Penal Code 2074 came into effect. The law recognizes only monogamous marriages, meaning a person can be legally married to only one spouse at a time.
The Constitution of Nepal 2015 guarantees the right to equality (Article 18) and rights of women (Article 38), which form the constitutional basis for polygamy prohibition Nepal. The National Civil Code 2074 explicitly states that marriage is a permanent, inviolable, holy, socio-legal bond between two individuals based on free consent.
Legal Framework for Polygamy Prohibition Nepal
National Civil Code 2074 (2017)
The Civil Code governs marriage validity and conditions. Section 70(c) requires that for a valid marriage, neither partner should already be married. Section 71(2)(e) prohibits concluding marriage with someone who is already married through misrepresentation.
Key provisions include:
- Marriage requires free consent of both parties
- Neither party should be in an existing marriage
- Minimum age for marriage is 20 years
- Marriage must be registered for legal validity
National Penal Code 2074 (2017)
Section 175 of the Penal Code is the primary provision for polygamy prohibition Nepal:
| Provision | Details |
|---|---|
| Section 175(1) | No married man shall conclude another marriage during continuation of first marriage |
| Section 175(2) | No woman shall conclude marriage with a man knowing he is already married |
| Section 175(3) | Exception: If spouses have legally separated after property partition |
| Section 175(4) | Punishment: 1-5 years imprisonment and NPR 10,000-50,000 fine |
| Section 175(5) | Second marriage is automatically void (ipso facto void) |
Punishment for Polygamy in Nepal
The polygamy prohibition Nepal carries strict criminal penalties:
| Offense | Imprisonment | Fine | Additional Consequences |
|---|---|---|---|
| Bigamy/Polygamy | 1-5 years | NPR 10,000-50,000 | Second marriage automatically void |
| Child Marriage | Up to 3 years | Up to NPR 30,000 | Marriage void |
| Incest Marriage | Up to 3 months | Up to NPR 3,000 | Marriage void |
Both the person who commits bigamy AND the person who knowingly marries them are liable for punishment. The second marriage has no legal standing and confers no rights regarding property, inheritance, alimony, or custody.
When is Second Marriage Legal in Nepal?
Despite polygamy prohibition Nepal, second marriage is permitted under specific circumstances:
| Situation | Legal Status | Requirements |
|---|---|---|
| After Divorce | Legal | Final divorce decree from District Court |
| After Spouse's Death | Legal | Death certificate from Ward Office |
| After Annulment | Legal | Court order of annulment |
| While First Marriage Valid | Criminal Offense | Punishable as bigamy |
There is no mandatory waiting period for remarriage after divorce in Nepal. Once the divorce decree is final and the 35-day appeal period passes without appeal, either party is free to remarry immediately.
Polygamy as Grounds for Divorce
Under polygamy prohibition Nepal, the spouse's second marriage is specific grounds for divorce:
Wife's Additional Grounds for Divorce (Section 95):
- Husband has married another woman (polygamy)
- Husband resides with another woman as wife
- Husband has raped the wife
- Husband has been living separately for 3+ years without maintenance
If the wife files for divorce on grounds of husband's second marriage, she is entitled to:
- Property partition
- Alimony/maintenance
- Child custody
- Compensation for mental distress
Legal Procedure for Bigamy Cases
Filing a Bigamy Case:
| Step | Procedure | Timeline |
|---|---|---|
| Step 1 | File First Information Report (FIR) at nearest police station | Immediate |
| Step 2 | Police investigation and evidence collection | Varies |
| Step 3 | Case file submitted to District Government Attorney | After investigation |
| Step 4 | Charge sheet filed in District Court | Before limitation expires |
| Step 5 | Court hearing and judgment | Case-by-case basis |
Who Can File:
- The affected party (existing spouse or new spouse)
- Close relatives of the affected party
- Any person with knowledge of the offense
Time Limitation:
The bigamy case must be filed within 3 months from the date of knowledge of the commission of the offense (Section 176 of Criminal Code 2074).
Proposed Amendments to Polygamy Law (2025)
In 2025, the Nepal government proposed controversial amendments to Section 175 that sparked nationwide debate. The proposed changes included:
Proposed Sub-section 5A:
If a child is born from an extramarital relationship or the woman is pregnant, the marriage would not be annulled despite punishment for polygamy. The offender would still face 1-5 years imprisonment and NPR 10,000-50,000 fine, but the marriage registration would remain valid.
Proposed Sub-section 5B:
Compensation for victims deceived into second marriages through misrepresentation.
Public and Parliamentary Reaction:
The proposals faced immediate and widespread opposition:
- Female lawmakers criticized the amendment as regressive
- Civil society organizations organized protests
- Former Chief Justice Sushila Karki warned it would reintroduce polygamy
- Former Law Minister Madhav Prasad Paudel called it a step backward
Government Response:
Following strong opposition, the Law Minister assured Parliament that no bill allowing polygamy would be tabled. The government formed a sub-committee for further study, and the controversial amendments were put on hold.
Rights of Children from Void Marriages
Despite polygamy prohibition Nepal, children born from bigamous relationships have protected rights:
- Right to citizenship (can obtain through mother's name)
- Right to inheritance from biological father
- Right to maintenance and support
- Right to education and healthcare
The law distinguishes between punishing adults for bigamy and protecting the rights of innocent children born from such relationships.
How Attorney Nepal PVT LTD Supports Polygamy Cases
Attorney Nepal PVT LTD provides comprehensive legal services related to polygamy prohibition Nepal:
- Filing bigamy cases and criminal complaints
- Defending against false polygamy accusations
- Divorce proceedings on grounds of bigamy
- Property partition and alimony claims
- Child custody and support matters
- Legal counseling on remarriage procedures
- Representation in District Court and High Court
Contact Attorney Nepal PVT LTD for expert guidance on polygamy prohibition Nepal and related legal matters.
Frequently Asked Questions (FAQs)
Is polygamy completely illegal in Nepal?
Yes, polygamy is completely illegal in Nepal regardless of religion, gender, or community custom. The National Penal Code 2074 Section 175 strictly prohibits it.
What is the punishment for second marriage in Nepal?
Second marriage while first marriage is valid carries 1-5 years imprisonment and NPR 10,000-50,000 fine under Section 175(4) of the Penal Code.
Can a man have two wives in Nepal?
No, having two wives is illegal and punishable as bigamy. Both religious and customary polygamy are not recognized under Nepalese law.
Is second marriage allowed after divorce in Nepal?
Yes, remarriage after divorce is completely legal with no waiting period. You need a final divorce decree from the District Court.
What happens to the second marriage if bigamy is proven?
The second marriage is automatically void (ipso facto void) from the beginning. It confers no legal rights regarding property, inheritance, or custody.
Can a wife file for divorce if husband marries another woman?
Yes, husband's second marriage is specific grounds for wife to file divorce under Section 95(4) of the Civil Code. She is also entitled to property partition and alimony.
What is the time limit to file a bigamy case?
The case must be filed within 3 months from the date of knowledge of the offense (Section 176 of Criminal Code 2074).
Is the proposed polygamy amendment law now?
No, following strong public opposition, the government assured Parliament that no bill allowing polygamy would be introduced. The amendments are currently on hold.
Do children from bigamous marriages have rights?
Yes, children have full rights to citizenship, inheritance, maintenance, and education regardless of their parents' marital status.
How can Attorney Nepal PVT LTD help in bigamy cases?
Attorney Nepal PVT LTD provides legal assistance for filing bigamy cases, divorce proceedings, property claims, child custody, and defense against false accusations.
Disclaimer: This guide provides general information about polygamy prohibition Nepal. Laws and procedures are subject to change. Consult qualified legal professionals for case-specific advice. Attorney Nepal PVT LTD offers professional legal services but does not guarantee specific outcomes, which depend on individual circumstances and judicial discretion.
This article is for general informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact Attorney Nepal directly.
