Jactitation of Marriage in Pakistan

Jactitation occurs when a person, whether male or female, makes a false claim of being married to another individual who denies this claim. These cases are less common in Pakistan and typically arise when one person attempts to blackmail or force another into marriage or gain some wrongful benefit. However, the Pakistani law on the jactitation of marriage, under The Family Courts Act, 1964, offers its legal remedy, allowing a person facing a false marriage claim to nullify it without the stigma of divorce or talaq in Pakistan. This process effectively annuls the marriage as though it never existed.

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Understating the Definition of Jactitation

There are several definitions are available. Below are some references;

As per the Twentieth Century Dictionary;

“Jactitation; n. restless tossing in lines; twitching or convulsion; tossing or bandying about; bragging; public assertion, esp. ostentatious and false,
Jactitation of marriage, pretence of being married to another”.

Under Pakistani case law: The judgment reported as 2021 PLD 105 (Urooj Tabani Vs Federation of Pakistan) says that Jactitation of marriage is a false, actionable claim that one is married to another, leading to a legal cause of action.

Essentials of A Jactitation of Marriage Claim

A jactitation of marriage claim requires two main elements:

Boasting or making a false claim of marriage by one person.
Refusal or denial of such a marriage by the other individual.

Concept of Jactitation of Marriage in Pakistan

The concept of jactitation in Pakistan occurs when a person boasts or claims that he or she is married to another person, and the other person denies the existence of the marriage. By filing a case for jactitation of marriage in Pakistan, the party denying the marriage may apply to nullify the marriage by declaring it null and void or declaring that the marriage never existed. However, jactitation slightly differs from annulment of marriage in Pakistan.

Circumstances Leading to A Jactitation of Marriage Claim

Several common scenarios often lead to jactitation claims, where the alleged marriage is disputed under different circumstances.

The following circumstances can lead a person to file a claim of jactitation;

If an individual falsely claims to be married to someone, the affected party can file a suit for jactitation of marriage.
If the alleged marriage is been performed under undue influence or coercion.
The signatures of the bride or groom (as the case may be) were taken by fraud or misrepresentation, and a fake nikahnama and NADRA marriage certificate was forged.
When the signatures of the bride or groom were taken following kidnapping or abduction.

Harmful Outcomes of Jactitation of Marriage

Jactitation not only creates a legal cause of action but can also have several negative impacts on the affected person, such as:

Damage to reputation
Family-related issues
Emotional distress
Mental trauma
Psychological torture

Jactitation of Marriage Under Pakistani Law

According to The Family Courts Act, 1964, item 7 of Schedule Part I under Section 5, as added by the West Pakistan Family Courts (Amendment) Act, 1969 (I of 1969), suits for the jactitation of marriage in Pakistan are to be tried by Family Courts. Several judgments have upheld this, including the 2006 PLD 489 Supreme Court ruling, affirming that the Family Court has the exclusive jurisdiction to adjudicate upon the jactitation of marriage cases in Pakistan.

In a Case of Contradiction Between Suits of Dissolution of Marriage and Jactitation of Marriage

In cases where a spouse files for dissolution of marriage and the other denies the marriage’s existence, the Family Court retains exclusive jurisdiction. This situation is treated as a jactitation of marriage under Section 5, Part-I, Item 7 of the Act, making it solely the Family Court’s authority to resolve such disputes. Reliance can be placed on judgment reported as 2014 CLC 1439.

Jurisdiction of Family Court and Civil Court in A Jactitation Case

Matters of jactitation between spouses are exclusively triable by the Family Court. However, when a jactitation claim is brought forward by a third party, such as a father contesting the alleged marriage of his daughter, the Civil Court holds jurisdiction. This distinction arises because the Family Court’s jurisdiction is specific to disputes directly between spouses, while third-party claims fall outside its scope and are handled by the Civil Court. Ref. 2006 PLD 260

Who Can File the Case of Jactitation of Marriage in Pakistan?

From the above paragraph, it is clear that not only the alleged spouses can file a jactitation case, but also a third party, such as the father of the girl who claimed to be married, can file the case. But the case must be filed by the party who is denying the marriage.

Burden of Proof

When an individual alleges a specific fact, they have to prove the same. For example, if a woman claims that her signature was obtained through fraud, misrepresentation, or forgery, she must provide proof of this fact. Reliance can be placed on the case reported as 2020 CLC 549.

Procedure of Suit for Jactitation of Marriage in Pakistan

The steps involved are as follows:

Filing a suit in the Family Court (or in the Civil Court if filed by a third person).
The court summons the defendant.
Submission of a written statement by the defendant. The court will proceed ex parte if the defendant fails to appear before the court.
Recording of evidence.
Cross-examination by both parties.
Final arguments by the lawyers.
Judgment and decree by the court.

Perpetual Injunction in Suit for Jactitation of Marriage in Pakistan

Along with a suit for jactitation of marriage, an application for a perpetual injunction can also be filed. This seeks an order to prevent the person making the false marriage claim from continuing to assert such claims.

Appeal Against Decree of Jactitation

If any party feels aggrieved by the court decree in a suit for jactitation, they can file an appeal against it under section 14(1)(b) of the West Pakistan Family Courts Act, 1964. However, the writ under section 199 of the Constitution of Pakistan 1973 is not the remedy that can be availed against such a decree. Reliance can be made on judgment reported as 2013 MLD 625.

Difference Between Suit for Dissolution of Marriage and Suit for Jactitation of Marriage

There is a clear distinction between a suit for dissolution of marriage and a suit for jactitation. In a dissolution of marriage suit, the wife acknowledges the existence of a valid marriage and seeks its termination through a decree from the Family Court under one or more grounds listed in the Dissolution of Muslim Marriage Act, 1939, such as aversion or cruelty, it may also include Khula in Pakistan. Conversely, in a jactitation suit, the Family Court is asked to declare that no marriage ever took place, thereby permanently restraining the opposing party from claiming that the woman is his legally wedded wife.

Conclusion

In Pakistan, the jactitation of marriage provides a clear legal remedy for those facing false marriage claims, handled mainly by Family Courts. This process allows individuals to nullify false claims without the stigma of divorce, safeguarding dignity and preventing misuse of marital assertions.

Frequently Asked Legal Questions

Q1; What does “jactitation of marriage” mean in Pakistan, and how is it handled legally?

It happens when one person makes a false claim of marriage, and the other person denies it. The remedy is to file a suit before the family court to stop that person from making a false claim and declaring that no such marriage ever existed.

Q2. Can anyone file a jactitation of marriage case, or is it only for the spouses involved?

Persons other than alleged spouses can file it, such as the girl's father.

Q3. What’s the difference between the jactitation of marriage and filing for a divorce or khula in Pakistan?

The difference is that in divorce or khula, the existence of marriage is admitted, whereas in jactitation, its existence is denied.

Q4. Which court handles jactitation of marriage cases, and are there situations where it goes to a Civil Court instead of Family Court?

If the case is filed between alleged spouses, it goes to Family Court. However, if it is filed by a third person, such as the father of the girl, it goes to civil court.

Q5. What are the essential elements required to file a jactitation of marriage suit?

False claim by one and denial of other.

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