Division 5 of Part V of the Matrimonial Causes Act (Chapter 282) contains the shortest Division in the Act — two sections.
Section 53
A petition for a decree of jactitation of marriage may be based on the ground that the respondent has falsely boasted and persistently asserted that a marriage has taken place between the respondent and the petitioner.
| Element | What must be shown |
|---|---|
| Boasted | An assertion made publicly, to others — not merely a private belief |
| Falsely | There is no marriage between the parties |
| Persistently | Repeated, not a single occasion |
| A marriage between respondent and petitioner | The assertion must be of a marriage to the petitioner |
The word “jactitation” means boasting. The remedy is directed at a person who goes about claiming to be married to someone they are not.
A single false statement is not enough — the assertion must be persistent. And it must be a claim of marriage: asserting a relationship, an engagement, or a customary arrangement short of marriage is not within the section.
Why the remedy exists
Marriage carries legal consequences, so a persistent false assertion of it can cause genuine harm:
- Remarriage. A person about to marry may be told the intended spouse is already married. Section 37(1)(c) of the Marriage Act (Chapter 280) requires each party to declare their conjugal status and belief that there is no legal impediment, and section 37(8) requires a celebrant to refuse where there is reason to believe a declaration is false;
- Property and succession. A claimed spouse may assert a right to an estate;
- Reputation and family relations, particularly where bride price or family negotiations are said to have occurred;
- Adultery claims. A person asserting a marriage might purport to bring an action under the Adultery and Enticement Act 1988, which depends on being a spouse.
The difficulty in Papua New Guinea is that a customary marriage leaves no certificate. A person cannot disprove such a marriage simply by producing a document — see proving a marriage. A decree of jactitation resolves the question authoritatively.
Section 54 — the discretion to refuse
Notwithstanding anything in this Act, the Court may, in its discretion, refuse to make a decree of jactitation of marriage.
The opening words — “notwithstanding anything in this Act” — are emphatic, and no criteria are stated. A petitioner may prove every element of section 53 and still be refused.
Compare the position elsewhere in the Act. Section 29 gives a discretion to refuse dissolution, but only on four specified bars. Section 25(4) and section 37(2) require refusal where a decree would be harsh and oppressive or contrary to the public interest — but those are directed tests. Section 54 is at large.
The likely reasons for the breadth are that jactitation is an unusual remedy which may be sought for tactical or vexatious purposes, and that the underlying question — whether a marriage exists — can often be resolved another way.
Note that section 98 separately deals with frivolous or vexatious proceedings.
Alternatives to a jactitation decree
| Route | When appropriate |
|---|---|
| Decree of nullity — s 35 | Where a ceremony did take place but the marriage is void |
| Jactitation — s 53 | Where no marriage took place at all and the assertion is false |
| Declaration | Where the question is whether a customary marriage exists — note that section 4 excludes customary marriages from this Act |
| Section 96 — injunctions | Where immediate restraint of the assertion is needed |
Where the respondent asserts a customary marriage, section 4 means this Act does not apply to it — which raises a real question whether a decree of jactitation is the right vehicle.
Section 53 is expressed generally: it speaks of an assertion that “a marriage has taken place”, without limiting the kind. But a petitioner in that position should consider seeking a declaration that no customary marriage exists, which does not depend on this Act at all.
Either way, the underlying question is one of fact decided on evidence of the applicable custom — see proving a marriage.
A petition for jactitation is a matrimonial cause, so the procedural provisions apply — jurisdiction under sections 14 to 16, institution of proceedings under section 56, service under section 94, and costs under section 97.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 1, 4, 14–16, 25, 29, 35, 37, 53, 54, 56, 94, 96–98
- Marriage Act (Chapter 280) — ss 3, 37; Adultery and Enticement Act 1988
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.