সতর্কীকরণ! কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত অধিকাংশ নজীর বিভিন্ন বই ও ওয়েবসাইট থেকে সংগ্রহ করা হয়েছে। এই সকল নজীর এর সঠিকতার বিষয়ে কেস রেফারেন্স ওয়েবসাইট কোন নিশ্চয়তা প্রদান করে না। কেস রেফারেন্স ওয়েবসাইটে প্রকাশিত নজীর এর উপর নির্ভর এর আগে সংশ্লিষ্ট নজীরটির রেফারেন্স মিলিয়ে নেওয়ার অনুরোধ করা হচ্ছে।
Pardanashin Ladies, Transaction by-The law gives to"pardanashin" ladies protection which is analogous to that always given by Courts to persons who are weak, ignorant and infirm and hence incapable of protecting themselves and presumes unlike in the case of others that they are incapable of protecting themselves. PLD 1985 Karachi 431 (DB).
In their case the onus is always on the person who takes advantage of transaction to show that the transaction was actually conceived and put into practice by the disposer herself. Even in cases where a pardanashin lady had independent advice, the Court will scrutinise the transaction very closely to see that it is a fair one. Where the impugned document not in her mother tongue, the law further requires that to uphold the impugned document it must be shown that she understood and not merely heard what was read. PLD 1985 Karachi 431 (DB).
Woman who is not 'pardanashin-Protective cloak' is availableto Pardanashin lady more because of lack of understanding and appreciation on there part than for merely observing parda. It is quitelpossible that woman belonging to a pardanashin class may possess sufficient intelligence to understand the contents of the document to which she is a party despite the restraints of parda. Conversely there can be an illiterate woman totally devoid of understanding but not observing aparda. Therefore, the criterion cannot be the social status in the pardanclass but the liability to comprehend the contents of the document in question. The emphasis is on factual understanding of the document with reference to the individual concerned and not upon presumptive disability incidental to mere status. PLD 1985 Karachi 431.
A lady appearing in public: appearing before Court to give evidence and regularly collecting monthly rent of her property could not be regarded a pardanashin lady. PLD 1985 Karachi 431.
Pardanashin lady-The defendant is a lady with certain amount of worldly knowledge. She manages her own affairs according to her -own understanding and even appears in Court she is not a pardanashin lady. Mr Chand Miah vs Khodeza Bibi; 42 DLR 344.
Understanding of document-The party taking advantage under the document must show to the Court that the deed was explained to and understood by the executant and she adopted it with full knowledge and comprehension. The fact whether independent advice was available to a pardanashin lady at the time when she entered into a transaction can be taken into consideration in order to determine whether she thoroughly comprehend and deliberately of her own free will, carried out the transaction. If it is found that the document was conceived and executed by her free will, it shall be upheld. PLD 1985 Karachi 431.
Pardanashin lady or a married woman acting under the undue influence of husband vitiates the transaction. 18 CWN 1133; 17 CWN 541PC 6 CWN 809 PC.
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