Jactitation of Marriage:

Citation Name  : 2014  CLC  397     SHARIAT-COURT-AZAD-KASHMIR

Side Appellant : Mst. GULSHAN PARVEEN

Side Opponent : AMAR SAFEER KHAN

Ss. 5, Sched. & 14—Suit for restitution of conjugal rights and suit for jactitation of Marriage —Trial Court decreed suit for restitution of conjugal rights in favour of husband, while dismissed cross-suit for jactitation of Marriage filed by the wife against her husband—Statements of three witnesses produced by husband in proof of his claim, had revealed that wife had contracted Marriage with the plaintiff-husband with her own free-will and consent—Defendant/wife admitted Nikah Nama with the plaintiff-husband; and she also admitted her signatures on the contents of the Nikah-Nama and admitted that she prepared the deed by her own writing, and also signed affidavit—Wife was a student of M.Phil and not an illiterate lady, who did not know anything—Plaintiff-husband, in circumstances had proved his case through cogent and convincing evidence, and the Trial Court had rightly decreed suit for restitution of conjugal rights in favour of plaintiff/husband—Witnesses produced by the wife in proof of her case for jactitation of Marriage , had not denied the Nikah-Nama with her husband—Wife having failed to prove her case through cogent and convincing evidence, Trial Court had rightly dismissed her suit for jactitation of Marriage in right direction—No misreading or non-reading of evidence had been committed by the Trial Court while recording impugned judgment and decree, same were allowed to stand.