JACTITATION OF MARRIAGE IN PAKISTAN
JACTITATION OF MARRIAGE IN PAKISTAN
What is the Jactitation of marriage in Pakistan? “False Boast of marriage”.
If anyone persistently and falsely alleges marriage with another, the latter may obtain in a suit for Jactitation of marriage a decree of perpetual silence. Only the person complaining that he has so been misrepresented can present such a petition”. Jactitation of marriage means the pretence of being married to another. Jactitation of Marriage in Pakistan is a wide implication. It would cover any assertion by either spouse or by the third party, denying marriage between spouses. It would also include an action either by one of the spouses against another or by the spouses against a third party.
The essence and main object of a suit for jactitation of marriage in Pakistan is to perpetually silence a false allegation or claim put forward by the defendant.
A suit for declaration that the defendant is not the husband or wife of the plaintiff. But that the defendant alleges to be the wife or husband of the plaintiff in a suit for jactitation of marriage.
The term Jactitation of marriage cannot be confined to a suit for a declaration that there was no marriage. In a suit by a plaintiff who denies the marriage, the declaration of the civil courts would be effective to silence the defendant.
Frequently Asked Questions
Who can file Jactitation of marriage in Pakistan?
It is not material whether the false pretence is made by the plaintiff or the defendant. What is relevant is that the boaster or pretender may be put to silence with the intervention of the Court.
If it is essential to file a suit for a permanent injunction to silence the person making the false claim. A suit for jactitation must be filed by the party denying the marriage.
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