Law: Pakistan Penal Code, 1860

Section: 420,468,471,469,467,000

Law: Muslim Family Laws Ordinance, 1961

Section: 5, Schedule

Law: Family Courts Act, 1964

Section: 5

Law: Civil Procedure Code (V of 1908)

Section: OrderVII,rule11

(a) Civil Procedure Code (V of 1908)---------O. VII, R.11---Muslim Family Laws Ordinance (VII of 1961), S.4---Specific Relief Act (I of 1877), Ss.39 & 55---Rejection of plaint---Suit for declaration to the effect that Nikahnama between defendant and deceased daughter of plaintiff registered with the Metropolitan Corporation be declared fictitious, fabricated, based upon fraud and void, having no effect upon his rights and Metropolitan Corporation be restrained through permanent injunction from issuing any copy of the said Nikahnama and defendant be restrained from pretending himself as husband of his deceased daughter or using the Nikahnama anywhere for any purpose---Defendant contested the suit and took the plea that plaintiff had no cause of action to file the suit---Trial Court, which was seized of the matter, after framing the preliminary issues regarding cause of action, rejected the plaint, appeal against such order of the Trial Court was also rejected---Validity---Held, defendant had claimed himself to be husband of the deceased daughter of plaintiff, on the basis of alleged forged Nikahnama and he in that capacity would attempt to inherit property coming to share of the deceased daughter of the plaintiff, by virtue of S.4, Muslim Family Laws Ordinance, 1961 and by virtue of Nikahnama in question he would claim himself to be son-in-law of the plaintiff, creating in him a right to intervene in affairs of family of the plaintiff---Plaintiff, in circumstances certainly had a cause of action about ad of the alleged Nikahnama---Plaintiff's plaint, as it stood, did disclose a cause of action and thus the same could not have been rejected by invocation of O.VII, R.11, C.P.C. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Schedule---Jactitation of marriage---"Jactitation"---Connotation---Matter pertaining to jactitation simpliciter inter-spouses is exclusively triable by Family Court established for the purpose---Situation, however, is altogether changed in a case where the principle of jactitation is pressed or brought for adjudication by third parties, who are not one of the spouses i.e. husband or wife but father of the girl claiming…

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