Society and Issues

District Court denies same sex marriage registration-

Civil Code provision cited as the cause


July 14, Kathmandu-

The Kathmandu District Court on Thursday rejected a marriage registration application filed by a gay couple despite the Supreme Court legalising same-sex marriages in Nepal.

Maya Gurung (Ram Gurung) (38), and Surendra Pandey (27) — both born male — had sought the court’s approval to register their marriage. However, the single bench of the district court judge Madhav Prasad Mainali rejected the application on the grounds that both the applicants are of the same gender.

“According to the legal provisions for marriage through registration in Section 77 of the National Civil Code, 2017, it is presented by this court that marriage is done by registration and in Section 77 (1) there is a legal provision that a man or woman can apply for marriage through registration. As the two persons applying to get married through registration are not men and women of different sexes, the court has refused to register the marriage through illegal registration mentioned in section 77 according to the application,” the Kathmandu District Court order stated.

The verdict stated that the Supreme Court order is not for the District Court and that Section 77 of the National Civil Code restricts marriage between a man and a woman.

On June 28, a single bench of Justice Til Prasad Shrestha had issued an interim order on a writ petition filed at the Supreme Court regarding the registration of same sex marriage.

Many have publicly expressed their concern and displeasure at the Supreme Court interim order to the government for making a provision for provisional registration of same sex marriage.

The couple in question had married in 2019 at Hindu temple in Kathmandu, where the community leader (Tole Sudhar Committee chair)  RB Thakuri served as the guardian. Surendra has been identifying himself as a homosexual and Ram (Maya) as a third gender women.

Traditional family values and social systesm are to suffer by such idiosyncracies like sex transition and same sex marriage. Morally and theologically, such acts are condemned as sinful, and worthy of eternal judgement. Therefore, it is not merely a human rights issue or minority rights issue or discrimination. But a deeply moral and theorlogical issue, and a pragmagtic one too.

The religious community is at a state of shock and disbelief. Some are calling for a concerted campaign against such perversion, an activist informed.



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