Supreme Court Abolishes Legal Provision Nullifying Marriages Deceived Due to Leprosy

April 27, Kathmandu – The Supreme Court has annulled the legal provision that allowed marriages to be invalidated if one party was deceived into marrying a person affected by leprosy. The Constitutional Bench of the Supreme Court struck down the leprosy-related clause under Section 71(2)(g) of the Muluki Civil Code Act, 2074, according to Supreme Court spokesperson Arjun Koirala.

Section 71 of the Act contained conditions under which marriages could not be solemnized, prohibiting marriages between men and women who were deemed unable to marry. Subsection 2(g) explicitly prevented marriages where one spouse was deceived into marrying a person afflicted with leprosy.

“Previously, leprosy was considered a fatal and incurable disease. However, since it can now be cured through treatment and affected individuals can return to normal life, there was a demand to repeal the existing legal provision,” stated spokesperson Koirala. Based on this demand, the court decided to annul the leprosy-specific legal clause.

The writ petition filed by Advocate Pralhad Mahat and others was adjudicated by a single bench led by Acting Chief Justice Sapana Pradhan Malla, with a joint bench comprising Justices Kumar Regmi, Dr. Manojkumar Sharma, Sharanga Suvedi, and Abdul Aziz Musalman ordering the repeal of the said legal provision.