Jactitation of marriage
Meaning of Jactitation of marriage:
Any
declaration as to the status where one party alleges marriage and the other
denies would amount to a decree for the jactitation of marriage.
The wider
meaning of the expression “Jactitation of marriage” will, therefore, advance the object of the Muslim Family Law Act.
A suit seeking the relief of cancellation of Talaqnama on the ground that it was obtained from the husband forcibly, in effect has claimed that he has not divorced his wife and his marriage with her is still subsisting.
It is,
therefore, clear that the relief claimed in the suit in pith and substance
relates to the dissolution of the marriage or jactitation of marriage, therefore,
it falls within the jurisdiction of the family court.
A suit for an affirmative declaration about the existence or subsistence of marriage is as much a
suit relating to marriage as a suit for a negative declaration.
On principle also, there appears to be no difference between a case where the party aggrieved against the false claim comes to the court first or the other party invokes the jurisdiction of the court.
There seems
no reason why a suit for the jactitation of marriage will not include a suit for a declaration by a person falsely posing that he is the spouse of the defendant.
Any
declaration as to the status where one party alleges marriage and the other
denies amounts to a decree for the jactitation of marriage.
Suit for jactitation:
Suits for
jactitation of marriage would be exclusively tried by Family Court has
conferred jurisdiction on that Court to also examine the validity of marriage one
way or the other.
Power of Chairman of Arbitration Council:
Chairman of the Arbitration Council has no power to issue certificates either rejecting divorce
or holding the same to be ineffective.
Jurisdiction of Family Court:
Family Court
has exclusive jurisdiction to adjudicate upon the case of jactitation of
marriage brought before it even though marriage is registered under the Muslim
Family Law Ordinance, 1961 which Ordinance essentially refers to and deals with
valid marriages solemnized under the Islamic Shariah and not otherwise.