Laws and order of the courts to order for appearance off women personally

Answer 1

Whether a court can order the personal appearance of a woman in a property matter, considering Pakistani law and the prevailing situation in Swat.?............................................................. Section 132 CPC expressly provides that women who, according to the customs and manners of the country, ought not to be compelled to appear in public (commonly referred to as parda-nasheen women), are exempt from personal appearance in court. ----------------------Such women may be represented through a duly authorized agent or advocate, and where their statement or evidence is required, the court may issue a commission under Order XXVI CPC to record it privately, usually at their residence or another suitable location. --------------------Whereas under Sections 30–32 CPC, the court retains the power to summon any person whose appearance is necessary for the proper adjudication of a case. This power applies equally to men and women. ------------------Thus, while a woman may claim exemption under Section 132 CPC, the court may still, in exceptional circumstances, require her personal attendance if it is essential for: • Verification of identity, consent, or thumb impression; • Cross-examination on material issues; or • Ensuring that justice is not compromised through representation or proxy. -----------------------------Whereas Swat’s social fabric places high value on purdah and women’s modesty. Courts typically exercise their discretion in light of these customs So Given the legal provisions and factual realities, the following advice is offered: --------------A court may order the appearance of a woman in a property matter if her personal presence is essential for justice. However, this power should be exercised sparingly and with due regard to her dignity, safety, and local customs. ----------------------If the woman is pardanasheen or unable to appear safely due to cultural or security reasons, her statement may be recorded through a Commission under Order XXVI CPC at her residence or another secure place. ------------------Unless personal examination is indispensable, she may be represented by her lawyer or authorized agent in all proceedings. Courts in Swat (and similar areas) should adopt gender-sensitive procedures, including: o Conducting proceedings in chambers; o Utilizing video conferencing where feasible; o Coordinating with local authorities to ensure security and privacy. ----------------The court must strike a balance between the principle of equality before the law and the realities of cultural and security constraints, ensuring justice without compromising women’s dignity or safety. ---------------While Pakistani law permits courts to order the personal appearance of women in property cases, Section 132 CPC provides a clear exemption for pardanasheen women or those whose customs and safety justify non-appearance. ---------------------In regions like Swat, where cultural norms and law and order conditions limit women’s mobility, courts are legally and morally obliged to use alternative mechanisms—such as representation or commissions—to safeguard both justice and dignity. ---------------------Finally Yes, a court can order the appearance of a woman in a property matter if necessary; However, in practice and under Section 132 CPC, exemption and commission are the preferred and lawful means to protect women’s dignity, particularly in culturally sensitive and insecure regions like Swat.

Adv Fakhru Zaman Ahmed

High Court Sindh | Office No: 786-A, 1st Floor, Fareed Chambers Building, Near Sindh High Court, Karachi.

City: Karachi | 5-7 Years Experience | LL.B,LL.M

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