Law:

Section:

Jactitation of Marriage-- ----Forcibly abduction--Nikah was solemnized--Consent for nikah by coercion--Registration of FIR--Suit was dismissed to extent of jactiation but marriage was disolved on basis of khulla--Challenge to--It is evident from record that soon after alleged Nikkah ceremony Haleema Bibi plaintiff straightaway went to police station and lodged a complaint against her father and alleged bridegroom Respondent No. 1, which strengthen argument of counsel for plaintiff--Consent obtained by coercion, or undue influence would not validate marriage--Alleged Nikkah is apparently performed I against consent of plaintiff-appellant herein, which is basic essential of valid Nikkah--Appeal was allowed.[Pp. 49 ,  50] A, B ,  C ORDER The captioned appeal has been filed against the judgment and decree of Additional District Judge/Judge Family Court Kotli dated 30.3.2019, whereby, suit filed by plaintiff-appellant, for jactitation of marriage was dismissed and marriage was dissolved on the ground of Khulla. The necessary facts forming the background of instant appeal are that Mst. Haleema Bibi, appellant herein, filed a suit for jactitation of marriage against defendant-Respondent No. 1 herein, to restrain him from pretending himself as her husband, before the Judge Family Court Kotli on 08.09.2016, stating therein, that her right arm was injured, her father, Muhammad Anwar Respondent No. 2 brought her in DHQ Kotli for treatment, thereafter Respondents No. 2 and 3 forcibly abducted her to an unknown place and forced her to enter into a Nikkah with Respondent No. 1, Muhammad Azeem. It has been further alleged that on her refusal they forcibly take her signature and thumb impressions on Nikkahnama without her consent. On the same day i.e. 17.08.2016, the plaintiff lodged a written complaint against the defendants-respondents herein therefore; an F.L.R was registered against the respondents on 25.08.2016. On the other hand Respondent No. 1, Muhammad Azeem, also filed a suit for restitution of conjugal rights before the same Court alleging therein that she is his lawfully wedded wife and on inducement of her relatives she filed the suit for jactitation of…

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