| Citation(s) |
|---|
| 1994 SLG 1606 1994 SLD 1606 = 1994 PLD 372 |
High Court Appeal No.127 of 1992, decided on 25th April, 1994
Mamoon Kazi and Salahuddin Mirza, JJ
Mst. NASEEM KAUSAR---Appellant
VERSUS
SHAHID RASOOL JAN---Respondent
Law:
Section:
MAMOON KAZI, J.--The appellant is plaintiff in Suit No. 27/199( which she has filed against one Shahid Rasool Jan. The appellant filed Miscellaneous Application ( C.MA. No.894/1992) requesting that she being "very strict Pardanahin lady" should be exempted from appearance before the Court and her evidence may be recorded on commission. It was also urged or her behalf that she had given birth to a child and, therefore, she was unable to attend the proceedings before the learned Single Judge. The appellant was also apprehensive about some indecent questions being asked in Court during her cross-examination. However, none of the said grounds found favour by the learned Single Judge who dismissed the application. The only ground urged before us by the learned counsel for the appellant is that she being a Pardahnashin lady should have been exempted from appearance before the Court. Mr. Gauhar Ali Shah Gilani, learned counsel for the appellant, has firstly argued that she being a Maim woman cannot compelled to appear before the Court in view of what has n ordained by Almighty Allah in Srah Al-Nur enjoining: upon believing women to restrain their gaze and guard their private p d not to display their adornment except that which is displayed of itself, and to draw their veils over their bosoms. Support has also been sought by the learned counsel from Section 132 of the Civil Prure Code which provides s follows:-- 132. Exemption of certain women from personal appearance --(1) ':4p Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from fags - personal appearance in Court. (2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code." Learned counsel has also called aid some judgments earlier given on t le point in Nathumal Chandumal v Haribai (AIR 1935 Sindh 205), Mst. Faiz Bibi v. Shafi Muhammad (PLD 1955 Sindh 368), Rahuria Ramkali Ker v. Chhathoo Singh ( AIR 1961 Put. 210) and Sm. Sundar Devi v Dattatraya Narhar Rege and another…