Jactitation of Marriage in Pakistan
What is 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 pretense of being marriage to another.
Jactitation of Marriage in Pakistan 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 in Pakistan is to perpetually silence a false allegation or claim put forward by the defendant. If 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.
Who can file Jactitation of marriage in Pakistan
The Dictionary meaning of the expression jactitation of marriage. The general definition given in this authority would go to prove that jactitation is a false pretense of being married.
It is not material whether the false pretense 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 be essential to file a suit for 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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