LAHORE: The Lahore High Court has ruled that a woman performing multiple professional activities independently cannot take a plea of being a “purdah nasheen lady” for condonation of delay.

The woman filed the case after three-year delay and took the plea of being “purdah nasheen”.

Deciding a 21-year-old dispute relating to transfer of shares in the name of a woman/petitioner, Justice Jawad Hassan, in a 22-page verdict, observes that “purdah nasheen lady” is not a term of art. He says it has legal purport, impact and significance, which encapsulate certain defences in favour of a woman taking and establishing such plea, which are not available to other persons under the law.

The judge remarks that it is a bulwark, which offers legal immunity from certain ordinary binding legal principles especially a valid legal justification to substantiate the plea for condonation of delay on the touchstone of being unaware or uninformed.

The judge notes that it offers a legitimate defence to agitate a cause of action which is otherwise barred by flux of time under the applicable limitation criteria. He says the valid excuse of being a purdah nasheen lady, therefore, offers a strong ground and a reasonable consideration for exercising discretion in favour of a time barred application, if established.

Referring to the judicial pronouncements of the term “purdah nasheen lady”, Justice Hassan observes such lady is one who remains behind the curtain and has no communication except from behind the “Pardah” (veil) with any male person save a few privileged relations or dependent.

As per another pronouncement by the Supreme Court, a pardah observing lady is not necessarily a purdah nasheen lady. A purdah nasheen lady is a lady who does not appear in public according to her religious belief or according to the rule of custom followed by her.

The judge observes that the argument of the petitioner that she being a purdah nasheen lady was unaware of the dismissal of the “first petition”, therefore, she could not file “restoration application” within the period of limitation.

“When examined on the touchstone of yardstick laid by honorable Supreme Court as stated above, this contention holds no weight as per available record,” he adds.

The judge says a careful scanning of the available record reveals that the petitioner-lady had been appearing personally before different courts in different cities in suits filed by the respondents.

He observes, “Surprisingly, the petitioner on the one hand had been appearing before the courts personally and also by engaging counsels independently and on the other hand, she is taking the plea of being a purdah nasheen lady, which is contrary to her conduct.”

He maintains that when the petitioner was performing suchlike professional activities personally, the principle of purdah nasheen lady and presumption and immunities attached with it under the law, did not apply in her favour.

With these observations, the judge dismissed the petition of Zahida Parveen being not maintainable.

Published in Dawn, July 18th, 2021