Marked difference between suit for dissolution of marriage and suit for jactitation of marriage ..

14. The Hon‟ble Federal Shariat Court in “Muhammad Anwar V. Mst. Shagufta Ahmad and 2 others” (2004 P.Cr.LJ 1071) held that:- 

“here is marked difference between suit for dissolution of marriage and suit for jactitation of marriage; whereas in the former suit existence of valid marriage is admitted by the wife and decree is sought by her for its annulment/dissolution from the Qazi/Judge, Family Court on one or more grounds, enumerated in the law i.e. Dissolution of Muslim Marriage Act; 1939, while in the latter case the Qazi is petitioned to declare that at no point of time marriage took place, thereby putting a permanent restraint on the opponent from claiming the lady, to be his lawfully wedded wife.” [Emphasis Added] 

 Part of Judgment : 

JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD 

Writ Petition-219-2020 | -

Author:
Honourable Mr. Justice Fiaz Ahmad Anjum Jandran