JACTITATION OF MARRIAGE IN PAKISTAN:
A suit for jactitation of marriage in Pakistan means seeking annulment of marriage in Pakistan or in other words nullifying the marriage in Pakistan. The suit for jactitation of marriage in Pakistan is not seeking a divorce. Divorce or jactitation is not the same thing. Divorce is seeking the separation of marital bonds whereas the jactitation is the claiming that the marriage or its claim is itself is null and void. Marriage or claim of marriage becomes null and void when such marriage or claim or marriage is barred by the law. Below are some situations in which a party concerned can file a suit for nullifying the marriage in Pakistan as per the jactitation of marriage law in Pakistan.
- When someone makes a false claim of being married to some then the party concerned can file the suit for jactitation of marriage.
- When someone has prepared a fake nadra marriage certificate in Pakistan.
- When the signatures of a bride or a groom were taken by force.
- When the signatures of a bride or a groom were taken after kidnapping or abduction.
- When the marriage was done with a minor without the approval of the guardian or the court.
SUIT FOR JACTITATION OF MARRIAGE IN PAKISTAN:
The suit for jactitation of marriage in Pakistan is filed before the family court. The family court act of 1964 in its schedule gives the list of issues that can be brought in family court only. As per the schedule, only the family courts have the right to deal with the cases of annulment of marriage in Pakistan. If you wish to file a case of annulment of marriage in Pakistan you have to hire a lawyer who will file the case on your behalf. The burden of proof to establish your case is on the party who files the case. So always hire a good family lawyer who can establish your case in court properly. Family court deals with the cases of jactitation and divorce in Pakistan. Jactitation of marriage law in Pakistan is a bit complicated so better to hire a good lawyer. Our law firm deals with cases of nullifying marriage in Pakistan.
JACTITATION OF MARRIAGE LAW IN PAKISTAN:
Only the family courts in Pakistan deal with the jactitation of marriage law in Pakistan. The schedule of the family court act 1964 is very clear that only the family courts will have jurisdiction over the suit for jactitation of marriage in Pakistan. There may also be a situation where a criminal offense is also related to this suit. For example, having the signatures of the bride after the kidnapping. In this case, the criminal courts will deal with the kidnapping and the family court will deal with the jactitation. The family courts also have jurisdiction over some of the criminal offenses if it is between the husband and wife. The family courts have jurisdiction over criminal offenses such as Section 337A (i), 337F (i),341, 342, 343, 344, 345, 346, 352, and 509 of the Pakistan Penal Code (Act XLV of 1860). Along with the annulment of marriage in Pakistan, the family courts also deal with the cases of khula in Pakistan. Nullifying the marriage in Pakistan can be done through courts only.
ANNULMENT OF MARRIAGE IN PAKISTAN:
Annulment of marriage in Pakistan is declaring the marriage Null and void. Declaring the marriage null and void means that it will be considered that the marriage never happened. It is not open for anyone to declare the marriage void, only courts can do it. Nullifying the marriage in Pakistan means any event that happened after it will also be nullified. For example, if a marriage or a Nadra divorce certificate in Pakistan is issued it will also become null and void. A suit of jactitation of marriage in Pakistan also makes the marriage certificate null and void. Jactitation of marriage law in Pakistan is properly followed by the courts. The courts only after the complete legal proceedings issue the judgment.
NULLIFYING THE MARRIAGE IN PAKISTAN:
Nullifying the marriage in Pakistan means declaring the marriage null and void. This annulment of marriage in Pakistan protects the party from the social stigma of being divorced. When the suit for jactitation of marriage in Pakistan is approved by the family court then your marital status does changes to a divorcee. A female doesn’t need to file a case of khula in Pakistan if she has court orders nullifying the marriage. The groom also doesn’t have to process the talaq in Pakistan if the annulment is announced by the court.