Pardahnashin lady

2024 YLR 1 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Art. 129Pardahnashin ladyShifting of onusScope

Burden can be shifted to beneficiaries under sale deed executed by an attorney, to prove sale transaction and payment made thereunder only if lady measures up to status of Pardahnashin lady unable to transact her worldly affairs on account of her seclusion and privacy from socio-economic conditions of the outer world.

2016 PLD 140 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

InheritanceCourts will take a hard look at transactions through which illiterate ladies are divested of their share in inheritance

Beneficiary of such transactions, which are often male members of the family, are duty bound to prove through confidence inspiring evidence that the transaction was indeed entered into by the ladies and that independent legal advice was available to them at the time.

2014 MLD 1368 PESHAWAR-HIGH-COURT Judicial Precedent

Document alleged to be executed by an illiterate pardahnashin lady

Ingredients essential for proving its execution and duty of court stated.

2013 CLC 1813 PESHAWAR-HIGH-COURT Judicial Precedent

Paradahnashin lady

Connotation.

2013 CLC 1813 PESHAWAR-HIGH-COURT Judicial Precedent

S. 132(1) & O, XXVI, R. 1Pardahnashin ladyExemption from personal appearance/attendance in court either as a party or witnessScope

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.

2013 MLD 219 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Non-pardahnashin ladyRepresentation in courtScope

Non-paradahnashin lady can be represented in court of law through her husband.

2013 CLC 419 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Principles

Development of principles regarding Pardah-observing ladies stated.

2013 CLC 419 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Ss. 42 & 54Qanun-e-Shahadat (10 of 1984), Arts.72 & 90Suit for declaration and injunctionExecution of registered gift deedProofPardahnashin ladyPresumption

Plaintiff filed suit on the plea that she was Pardah-observing lady who never appeared before Sub-Registrar and gift deed was result of fraud

Trial Court dismissed the suit but Lower Appellate Court decreed the same

Validity

Privilege and entitlement that a Pardah-observing woman enjoyed were not available to plaintiff and hence it had become for her to prove fraud and she could not find her escape merely by mentioning that she was a Pardah-observing lady

Plaintiff might have been observant but the manner and spirit in which she attempted to utilize it, she was not entitled for such benefit as she had been executing such deeds in favour of her other son

Principles of Paradh-observing ladies were developed during earlier days when women-folks were subservient and they seldom used to come out of their houses and they were entirely dependent on male members and were also under their influence and for such reason definition of "undue influence" was provided in Contract Act, 1872

Judgments regarding Pardah-observant were mostly pronounced in early days by Indian Courts before partition whereafter same principles were followed in 1960s and 1970s by Courts in Pakistan and were still being followed

Basic element hidden in the wisdom of providing benefit to Pardah-observing ladies was element of "undue influence" which in fact could prevail even on women of current era

Element of undue influence could prevail even on men who were subservient of women

Core element was "undue influence" and not just being Pardah-observant

Even well educated women could observe Pardah but that did not mean that they were also entitled for the same principle which benefited Pardah-observing women or victim of undue influence

Plaintiff was living with her other son and plea of undue influence was also missing and therefore, no convincing findings either by Trial Court or by Lower Appellate Court were available

Trial Court failed to frame issue by using required language so that parties at relevant time could have been saddled with responsibilities to discharge their respective burdens

High Court directed Trial Court to frame necessary issues and in exercise of revisional jurisdiction set aside judgments passed by two Courts below and remanded the case to Trial Court

Revision was allowed accordingly.