Jactitation of Marriage in Pakistan
The expression “Jactitation of Marriage” is defined in the Wilson’s Anglo-Muhammadan Law as a suit to have declared that the defendant is not the wife or the husband of the plaintiff. In Halsbury’s Laws of England (third Edition) volume 12 page 225 paragraph 418 the form of suit of jactitation has been dealt with as follows
“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”
The word jactitation according to the twentieth century dictionary means bragging, public assertion esp. ostentatious and false. Jactitation of marriage means pretence of being marriage to another.
Jactitation of Marriage is of wife implication. It would cover any assertion by either spouses or by third party, denying marriage between spouses. It would also include an action either by one of spouses against other or by spouses against a third party.
The essence and main object of a suit for jactitation of marriage is to perpetually silence a false allegation or claim put forward by the defendant f a marriage having taken place between the defendant and the plaintiff. 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 is 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 plaintiff who denies the marriage the declaration of the civil courts would be effective to silence the defendant.
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