Law: Civil Procedure Code (V of 1908)

Section: 132(1),O.XXVI,Rr.1,4,5

Law: Civil Procedure Code (V of 1908)

Section: 132(1),O.XXVI,Rr.1,4,5

(a) Pardahnashin lady-------Paradahnashin lady --- Connotation. Generally, a pardahnashin woman is one who by the custom of the country or the usage of the particular community to which she belongs, is obliged to observe complete seclusion (Pardah) covered her face with a veil, cloak or cover and avoids coming in public. A woman will be a pardahnashin, if she does not go to the court and use to stay away from communications in matters of business with men other than the members of her family. The important aspect of Pardah is modesty for women, which includes minimizing interaction with other strangermen. For Pardah, it is not necessary that a woman may be educated or illiterate. No doubt, the veiling was initially a custom in the ancient Greeks in Romans Empires. They had also adopted Pardah as a custom, but when Christianity was established and starting spreading; Pardah was deemed mandatory for women. The Holy Qura'n justifies Pardah for women as a religious obligation as listed in Verse 53 of Surah 33. Once a woman urged that she is pardahnashin, then no evidence is required for satisfaction of the court in support of her plea, even though denied by the other side. (b) Civil Procedure Code (V of 1908)--- ----S. 132(1) & O, XXVI, R. 1---Pardahnashin lady---Exemption from personal appearance/attendance in court either as a party or witness---Scope---While determining entitlement of a woman to such exemption, criterion would be current custom/ and manner and not which prevailed years ago and not of whole country, but of particular community/class/section to which she belonged---Woman once having claimed to be pardahnashin and declined to attend court, then no evidence would be required for satisfaction of court in support of her plea, though denied by other side---Pardahnashin lady could not be compelled to attend court either as party or witness---Principles. (c) Civil Procedure Code (V of 1908)--- ----S. 132(1) & O. XXVI, Rr. 1, 4 & 5---Issuance of Local Commission for examination of pardahnashin lady as witness---Scope---Such lady could be examined on Commission, if court satisfied having regard to custom and manner of class/community to which…

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