OWAIS AHMAD QADRI

2021 YLR 43 The term „jactitation of marriage', according to Black‟s Law Dictionary, Eleventh Edition means that:- “jactitation of marriage. Hist. 1. False and actionable boasting or claiming that one is married to another. 2. An action against a person who falsely boasts of being married to the complainant. “Jactitation of marriage is a cause of action which arises when a person falsely alleges that he or she is married to the petitioner, and the remedy sought is a perpetual injunction against the respondent to cease making such allegations. The cause is now uncommon in English municipal law and almost unknown in the conflict of laws.” From plain reading of the definition supra, it is clear that kinds of disputes where the very basis of the marriage i.e. performance of Nikah, claim and counter claim on its basis is made, could be the subject of a suit of jactitation. When circumference of the suit mainly revolves around the claim and counter claim qua existence of marriage or otherwise. For instance, a decree for jactitation of marriage is sought on the ground that no valid Nikah was ever performed between the parties and that he or she cannot claim himself or herself to be the lawfully wedded wife or husband, as the case may be. It is unambiguously held that for entertaining a suit for jactitation of marriage, the foundation of the marriage i.e. Nikah Nama and existence of valid marriage is to be made subject of that litigation.