Suit for Jactitation of Marriage

IN THE COURT OF THE LEARNED FAMILY JUDGE, district

Family Suit No. _____ of year For declaration of jactitation of marriage and consequential reliefs

plaintiff_name, son/daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, aged about defendant_age years, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR JACTITATION OF MARRIAGE WITH CONSEQUENTIAL RELIEFS

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is a citizen of Pakistan and is resident at the address given above. The Plaintiff is at present plaintiff_marital_status and is the lawful holder of the CNIC mentioned above. The status, identity, and reputation of the Plaintiff are matters of importance to the Plaintiff and the Plaintiff's family.

2. NO MARRIAGE WITH DEFENDANT: It is solemnly declared and asserted by the Plaintiff that the Plaintiff has never at any time entered into a Nikah, marriage, or any other matrimonial union with the Defendant. There is no Nikahnama, marriage certificate, or other documentary or oral evidence of any marriage between the Plaintiff and the Defendant in existence anywhere whatsoever.

3. CIRCUMSTANCES OF FALSE CLAIM: The Defendant has, however, on false_claim_date, falsely and maliciously represented to false_claim_audience that the Defendant is the spouse of the Plaintiff and that a marriage exists between them. The specific representation made by the Defendant is described as follows: false_claim_description.

4. NATURE OF FORGED DOCUMENTS: In support of the false claim of marriage, the Defendant has either fabricated or relied upon the following documents that are forged, fictitious, fraudulent, and not binding on the Plaintiff: forged_documents_description. The signatures, thumb-prints, and CNIC numbers attributed to the Plaintiff in the said documents are not those of the Plaintiff and have been forged or unlawfully procured.

5. PLAINTIFF'S WHEREABOUTS AT TIME OF ALLEGED MARRIAGE: At the time when the Defendant claims that a Nikah was solemnised, the Plaintiff was plaintiff_whereabouts_at_alleged_marriage, and was not present at the place where the alleged marriage is said to have taken place. evidence_of_whereabouts (for example: passport entries, employer record, hospital admission, examination centre attendance, etc.).

6. WITNESSES FOR PLAINTIFF: The following persons, who were in close contact with the Plaintiff at the relevant time, will support the Plaintiff's case that no marriage took place between the Plaintiff and the Defendant: plaintiff_witnesses.

7. INJURY TO PLAINTIFF: The false claim of marriage by the Defendant has caused, and continues to cause, the Plaintiff serious injury including injury_description (loss of reputation, mental agony, prejudice in arranging genuine matrimonial alliances, harm to professional standing, harassment of family members, etc.). Unless the false claim is judicially extinguished, the Plaintiff will continue to suffer.

8. NOTICE TO DEFENDANT: A formal written notice was served by the Plaintiff on the Defendant on notice_date, calling upon the Defendant to retract the false claim, to surrender all forged documents, and to refrain from any further misrepresentation. The Defendant either failed to respond or, having responded, persisted with the false claim. notice_response.

9. SCOPE OF PROCEEDINGS: This is a suit for jactitation of marriage, that is, a declaratory suit seeking the determination by this Honourable Court that no marriage subsists between the Plaintiff and the Defendant, and consequential reliefs to extinguish the false claim and prevent further misrepresentation.

10. CONSEQUENTIAL RELIEFS: As a consequence of the declaratory relief prayed for, the Plaintiff is entitled to (a) cancellation of any forged Nikahnama or other document relied upon by the Defendant; (b) permanent injunction restraining the Defendant from holding out as the spouse of the Plaintiff; (c) directions to the Nikah Registrar of union_council (if applicable) to remove or annotate any false entry pertaining to the alleged Nikah; and (d) damages for harassment and reputational injury.

11. JURISDICTION: This Honourable Family Court has the jurisdiction to entertain the present suit by virtue of the alleged marriage being said to subsist within the territorial limits of this Court / the parties being resident within these limits, and the suit being a family matter listed in the Schedule to the Family Courts Act 1964.

12. LIMITATION: The cause of action for the present suit is a continuing one, accruing afresh each day on which the Defendant persists in the false claim. The most recent and definite act of jactitation occurred on cause_of_action_date, and the suit is otherwise within time.

13. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the alleged marriage before any other forum, save and except prior_litigation_disclosure. The Plaintiff has approached this Honourable Court at the earliest available opportunity and with clean hands.

14. CAUSE OF ACTION: The cause of action for the present suit accrued to the Plaintiff on cause_of_action_date when cause_of_action_description, and continues to subsist.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree of jactitation of marriage declaring that no Nikah, marriage, or matrimonial union exists or has ever existed between the Plaintiff and the Defendant;

(b) Pass a decree cancelling any document, Nikahnama, certificate, or instrument relied upon by the Defendant in support of the false claim of marriage, declaring the same to be void ab initio and not binding on the Plaintiff;

(c) Pass a decree of permanent injunction restraining the Defendant, his / her agents, attorneys, and persons acting through him / her, from holding out, representing, or claiming the existence of any matrimonial relationship with the Plaintiff;

(d) Direct the Nikah Registrar of union_council (if applicable) to delete or annotate any entry pertaining to the alleged Nikah in the relevant register;

(e) Award damages for the injury to reputation, mental agony, and harassment caused to the Plaintiff, in such sum as this Honourable Court may determine;

(f) Award costs of the suit to the Plaintiff; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 14 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate