Suit for the jactitation of marriage
Purpose: To challenge an illegal and unlawful marriage contract before the court of competent jurisdiction.
Forum: Senior Civil Judge
/Family Court
Parties of the suit: Aggrieved party is
the plaintiff of the suit Vs the defendant is a person/s against whom a decree
is required
SUIT FOR JACTITATION OF MARRIAGE
Respectfully Sheweth:-
That plaintiff No.
2 is minor and is filing the instant suit through her real father i.e defendant
No.1 who has no adverse interest against her. (Copies of birth certificate
& Form-B are attached herewith).
On 21.01.2017, defendant
No. 1 along with his brother and sisters kidnapped plaintiff No. 2 while plaintiff
No. 2 was going to the house of her friend. The matter was reported to the
local police by plaintiff No. 1 and an FIR No. 413, dated 22.01.2017, U/S 365-B,
363, 376 PPC, was lodged against defendant No. 1 and his other family members
(copy of FIR is attached herewith)
That the police
recovered plaintiff No. 2 from the illegal confinement and custody of defendant
No.1 and other co-accused and brought her before the court of learned Area Magistrate,
who handed over the custody of plaintiff No. 2 to plaintiff No. 1.
That during the
period of abduction, defendant No.1 forcibly, illegally, and unlawfully got a thumb
impression and signature of plaintiff No.1 on different documents as well as a marriage
contract under the pressure of gunpoint and threats of death. Later on,
defendant No.1 claimed himself as the husband of the plaintiff. Copies of the
same is attached herewith for kind perusal of this Hon’ble Court. It is
pertinent to mention here that defendant No. 1 is also trying to get a certified
marriage certificate from the office of defendant No. 2 illegally and
unlawfully.
That plaintiff No.
2 never contracted marriage with defendant No. 1 and is not legally wedded wife
of defendant No.1 and the defendant has no right to claim himself as the husband
of plaintiff No. 2 on the basis of above said forged, fabricated, and false marriage
contract, hence the marriage contract has no legal value in the eyes of law
which is liable to be null and void.
That the cause of
action accrued to plaintiff No. 2 firstly when she was abducted by defendant
No.1 and lastly when defendant No.1 started claiming himself as the husband of
plaintiff No. 2 and the same is continuing day by day.
That the cause of
action firstly accrued in within the jurisdiction of this Hon’ble court, the
parties used to live in here, hence this Hon'ble court has jurisdiction to try
and adjudicate upon the matter.
That the prescribed
court fee has been affixed on the plaint.
PRAYER:
In view of the
above circumstances, it is, therefore, most respectfully prayed that a decree
for jactitation of the marriage of the plaintiff may kindly be passed in favor
of plaintiff against the defendant No.1 with cost.
It is further
prayed that the defendants may kindly be directed to get cancel the marriage
registration certificate if any, which is prepared on the basis of false,
forged, bogus and fabricated documents and the documents which showing
plaintiff No. 2 as the wife of defendant No. 1 may be declared as null and void
and in this regard, a clear order/decree of the court is required to be passed
in the extreme interest of the plaintiff No.2’s future which is in the interest
of justice.
Any other relief,
which this Hon’ble Court if fit and proper may also be granted to the plaintiffs.
Plaintiffs through counsel
VERIFICATION:-
Verified on Oath that the contents of the paragraph are true
and correct to the best of my knowledge and belief and nothing has been
concealed here.
…..Plaintiffs
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