SALMA BI Vs. MOHAMMED EBRAHIM SAHIB

JUDGEMENT

(1.) The petition raises an interesting question of the scope of Section 132, Civil P. C., and the extent to which purdanashin ladies and in particular Muslim ladies are exempt from personal appearance in Court. The learned District Munsif of Tanjore, Sri S. Natarajan, dismissed a petition by one Salma Bi who filed a suit in which she prayed for the divorce of her husband under Act IX [9] of 1939, for the examination of herself and some of her witnesses who like her were stated to be gosha ladies on commission. The District Munsif observed that every allegation which can possibly be put forth in a suit for divorce had been set forth in the plaint. The cogent reason he gave for dismissing the petition was that the Court would lose the valuable opportunity of personally hearing the evidence of the plaintiff and hen witnesses and watching their demeanour. The respondent who is the husband sought to be divorced makes no appearance on this petition.

(2.) The learned advocate for the petitioner has argued the position at length, and cited before me authorities from the year 1899 to support his contention that under Section 132, Civil P. C., all Muslim women and purdanashin ladies can claim an absolute right for exemption from personal appearance in Court. Section 132(1) reads as follows :

(3.) The earliest decision placed before me of the year 1899 is Mohesh Chander Addey v. Manick Lall Addey, 26 cal. 650 : (3 C. W. N. 751) by Travelyan and Stanley JJ. of the Calcutta High Court. In allowing the application for the examination of a Hindu lady on commission Travelyan J. made the following observation: