Pardahnashin Lady

Pardahnashin Lady

Generally a pardanashin woman is one who by the custom of the country or the usage of the particular community to which she belong to observe complete seclusion (pardah) covered her face with a veil, cloak or cover and avoids coming in public. A woman will be pardanashin 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 include minimizing interaction with other stranger men. 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’an justifies Pardah for women as a religious obligation as listed in Verse 53 of Surah 33.

Section 132(1) read as under: “women who according to the customs and manners of the country, ought not to be completed to appear in public shall be exempted from personal appearance in court.” and Order XXVI Rule 1 of CPC says: “Any court may in any suit issue a commission for examination in interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this code from attending the court or who is from sickness or infirmity unable to attend it.”

Once a woman urged that she is Pardahnashin, then no evidence is required for satisfaction of the court in support of her pleas even though denied by the other side. (Reference 2013 CLC 1813 Peshawar)