MUHAMMAD NAEEM KHAN vs MUQADAS KHAN Ss — 2022 PLD 99 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD NAEEM KHAN VS MUQADAS KHAN Ss. 75 & 132 & O.XXVI, R.1---Exemption of certain women from personal appearance---Scope---Pardanashin lady---Customs and manners advocated under S.132, C.P.C., characterize the customs and manners predominating presently and not the customs and manners which were prevalent in antiquity which have now become obsolete---Personal appearance refers to in person attendance in the Court and if such plea is taken the Court should not compel a Pardanashin lady to appear in court for recording her evidence---Privilege of exemption in court appearance to a Pardanashin lady as provided under S.132 of C.P.C is to be read with S.75 & O.XXVI, R. 1, C.P.C. wherein the Court may appoint commission to record the evidence of Pardanashin lady---If a woman falls within the exemption clause as cited under S.132, C.P.C., the court has to issue commission as a matter of course or right, provided such plea was taken in the pleadings and the court is obligated to determine first whether the exemption claimed is permissible within the grounds and purview of S. 132, C.P.C. or not, which is meant for particular class of women, so that the privilege/exemption should not be misused but allowed only in genuine cases---However, once it is proved that applicant is a Pardanashin lady, she cannot be compelled to appear in the court and in such eventuality, the court may appoint the commission to record evidence in the interest of justice at any convenient place; even samples of thumb impression can be drawn on commission to verify with the documents in issue through any forensic lab if deemed fit by the Court for deciding the lis in a just manner---If any plea of pardanashin is properly taken then the court may on its own motion appoint the commission for recording the evidence to adjudicate whether the deal or transaction of any property entered into in her name was by her free will or through duress, fraud or emotional blackmailing of male members of family with the sole intention to deprive her right and interest.

MUHAMMAD NAEEM KHAN vs MUQADAS KHAN Ss — 2022 PLD 99 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 PLD