Section 76: Marriage to be registered

1) Both husband and wife shall get their marriage registered by filing an application in the authority appointed as per law.

Provided that in the circumstances referred to in sub-section (1) of Section 74, either or both of the husband or wife may file an application for the registration of marriage.

2) A husband and wife residing outside Nepal may file an application for the registration of marriage in the Nepali embassy or consulate general located in the country in which they have been residing.

3) If an application is filed pursuant to sub-section (1) or (2) for the registration of a marriage, the concerned authority shall, after registering the marriage in the marriage book maintained in the office, issue the marriage registration certificate, in the form according to prevailing laws, to the applicant, within fifteen days of the filing of the application.

Explanation: For the purposes of this Chapter, the term “concerned authority” means the marriage registering authority.

4) If the marriage cannot be registered according to the application filed pursuant to sub-section (1) or (2), the concerned authority shall give the applicant information, specifying the reasons therefor, within seven days of the filing of the application.

5) If any one party does not appear for the registration of a marriage according to the application filed pursuant to the proviso to sub-section (1), the concerned authority shall register the marriage after inquiring into such a party.

6) If, in making inquiry pursuant to sub-section (5), the other party expresses disagreement to the registration of marriage, the concerned authority shall not register the marriage and inform the applicant that the decision on that matter shall be made as decided by the court.

7) The concerned authority shall safely maintain the records of the details of the registration of marriage under this Section.

8) If a couple who have already concluded marriage prior to the commencement of this Act but have not registered the marriage may, if they so desire, get their marriage registered pursuant to this Section.

Provided that the marriage of such a couple shall not be deemed to be legally invalid merely for the reason that such marriage is not registered.