Law:

Section:

(a) Azad Jammu and Kashmir Family Courts Act (XI of 1993)----- -----S.5, Sched-----Contract Act (IX of 1872), Ss. 16, 10 & 11-----Suit for jactitation of marriage-----Undue influence-----Effect-----Defendant could not succeed in establishing that any valid marriage was contracted by the plaintiff or she was legally capable of contracting such marriage-----Element of undue influence could not be ruled out in the present case-----Alleged contract of marriage was result of undue influence-----If alleged contract of marriage stood proved even then it was not "valid" and would be deemed to be result of undue influence as plaintiff had denied the same-----Shariat Court had rightly decreed the suit of plaintiff while declaring the contract of Nikah as ineffective and inoperative-----Appeal was dismissed in circumstances. Zahida Parveen v. Masood Khan 2008 SCR 159; Aftab Ali v. The State and 2 others PLD 1978 Kar. 374 and Mst. Aziz Mai v. SHO Police Station Jalapur and others PLD 1977 Lah. 432 ref. (b) Contract Act (IX of 1872)----- -----S. 14-----"Free consent"-----Meaning. (c) Contract Act (IX of 1872)----- -----S. 16-----"Undue influence"-----Meaning. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, JUSTICE:----------- The titled appeal by leave of the Court has arisen out of the judgment of the Shariat Court dated 05.11.2014, whereby the appeal filed by the respondents, herein, has been accepted. 2. The brief facts involved in this appeal are that respondent No.1, herein, filed a suit for jactitation of marriage, declaration and perpetual injunction on 18.10.2011 in the Court of Civil Judge, Court No.II/Judge Family Court Muzaffarabad. It was averred that the plaintiff is a teenager and studying in 10th class. The defendants prepared a forged and fictitious Nikahnama dated 05.01.2009. She did not acknowledge the forged Nikahnama. The plaintiff prayed for decree of declaration cum-pepertual injunction and cancellation of the forged and fictitious Nikahnama dated 05.01_2009. The appellant, herein, also filed a suit for restitution of conjugal rights in the same Court. The learned Judge Family Court while consolidating both the suits decreed the suit for…

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