Polygamy Laws in Nepal: Is Second Marriage Legal?

Thinking of a second marriage without divorce? Think again. Polygamy (Bahubibawo) is a serious crime under the Muluki Criminal Code. Here are the penalties.

The End of “Bahubibawo”

Historically, polygamy (having multiple wives) was culturally accepted in parts of Nepal. However, under the modern Muluki Criminal Code 2074, it is strictly Illegal.

Section 175 of the Criminal Code explicitly states: “No married man shall conclude another marriage during the continuation of the marital relationship.”

1. The Penalty: Jail Time

Polygamy is a state offense.

Imprisonment: 1 to 5 Years.
Fine: NPR 10,000 to 50,000.
Who is Punished?
- The Husband.
- The Second Wife (if she knew he was married).
- Anyone who facilitated the marriage (Priests, family members).

2. Status of the Second Marriage

This is the most critical part: The Second Marriage is Automatically Void (Badar).

The law does not recognize the second wife.
She has no claim to the husband’s property or social security.
Exception: Children born from such a union do have inheritance rights. The child is innocent, even if the marriage is illegal.

3. The “Loophole” Debate (Section 74 of Civil Code)

There is a confusing provision in the Civil Code (Section 74) which states that if a couple lives together and has a child, they may be considered married.

Clarification: This civil provision does NOTE override the Criminal Code. You can still be jailed for polygamy even if the Civil Code establishes a relationship for the child’s sake.
Safe Route: Divorce is the only legal path to remarriage.

4. How to File a Case?

Statute of Limitation: A complaint must be filed within 3 months of knowing about the marriage.
Police Case: You file a Jaheri at the police station, not the court. The state prosecutes the offender.

Conclusion

If you are separated but not legally divorced, you are still married. Entering a new relationship that looks like marriage can land you in jail. Always finalize your Divorce Decree in court before exchanging garlands with someone else.

Disclaimer: Polygamy cases are sensitive. If you are a victim or falsely accused, seek immediate criminal defense representation.