Monday, 8 June 2015

JACTITATION OF MARRIAGE (NO MARRIAGE)



IN THE COURT OF (NAME OF) JUDGE FAMILY COURT,
(NAME OF CITY ).

(NAME OF PLAINTIFF )          Vs.        (NAME OF DEFENDANT )

Family Suit No.   
Date of Institution:         00.00.0000
Date of Decision:  00.00.0000

SUIT  FOR  JACTITATION OF  MARRIAGE.

Ex-PARTE JUDGMENT:

                   Brief facts which emanate the instant suit as per plaint are that plaintiff is resident of ______________________ and due to danger of life temporary residing in ______________________ with her maternal Aunt. That the plaintiff is 13 years and 7 months old and birth certificate is appended with that plaint. That on 00.00.0000 defendant along with IRA and AN BIBI  kidnapped the plaintiff from “Bazaar” _____________________ and locked the plaintiff in a room. Defendant committed adultery with the plaintiff and her signature put on documents at gun point. That on _________________ plaintiff flee away from illegal possession and where she contact with her parents on 00.00.00000 with permission of Special Judicial Magistrate. Her father came in Dar-ul-Aman _________________to meet her and she got recorded her statement in court and went with her father with her consent. That on 00.00.0000 it came in the knowledge of plaintiff that the defendant prepared a forged Nikah Certificate dated 00.00.0000 whereas the defendant did not contracted any marriage with the defendant but defendant committed adultery with the plaintiff forcibly. She prayed that she never contracted any marriage with the defendant therefore, the decree for jactitation of marriage may be passed.
2.                Perusal of the record reveals that due process was issued to the defendant even publication was made in daily “______________” but none has appeared in the court on behalf of the defendant. Resultantly, on 00.00.0000 ex-parte proceedings were initiated against the defendant.
3.                After initiating ex-parte the plaintiff was asked to produce her oral as well as documentary evidence. On 00.00.0000 the plaintiff herself appeared before the court as PW-1, got recorded her statement and submitted her affidavit as Ex.P.1. In her documentary evidence, she submitted photocopy of Nikah Nama as Mark-A.

4.                Ex-parte final arguments heard. Record perused.

5.                After initiating ex-parte there is nothing in defence or rebuttal, therefore relying upon exparte evidence of the plaintiff, the suit in hand is hereby ex-parte decreed in favour of the plaintiff. Suit for the jactitation of marriage is decreed in the favour of the plaintiff. Defendant is restrained to claim the plaintiff as his legally wedded wife. There is no order as to costs. Decree sheet be prepared accordingly. Copy of this judgment and decree sheet be sent to the Secretary of concerned Union Council for further proceedings, as well as to defendant for information as per law. File be consigned to the record room after its due completion.

Announced:
(Date)

JUDGE FAMILY COURT,
(NAME OF CITY)

CERTIFICATE:      It is certified that this judgment consists of 2- pages, which has been dictated, read, corrected and signed by me.


Dated:
JUDGE  FAMILY  COURT,
(NAME OF CITY)

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