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Section 132: Exemption of certain women from personal appearance

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Act 1908
Section 131 All 158 Sections of Code of Civil Procedure Section 133
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Execution Sec 38

Legal Commentary & Landmark Judgments: Section 132

Section 132 grants personal exemption from court appearance to women who, according to the customs and manners of the country, ought not to be compelled to appear in public (pardanashin ladies).

  • Pardanashin Exemption: Women who, according to the customs and manners of the country, ought not to be compelled to appear in public shall be exempt from personal appearance in court.
  • Preservation of Evidence by Commission: Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil process in any case in which the arrest of women is not prohibited by this Code, but her evidence must be taken on commission under Section 75/Order 26.
  • Protection of Customary Dignity: Protects traditional privacy while ensuring evidence is recorded through court commissioners at residence.
Key Landmark Precedents:
  • Mst. Kharbuja Kuer v. Jangbahadur Rai, AIR 1963 SC 1203: The Supreme Court recognized that Section 132 protects the dignity of pardanashin women, requiring courts to appoint female or respectful commissioners to record their testimony at residence.
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: Affirmed special procedural safeguards for pardanashin executants under Section 132 principles.
Courtroom Practice & Strategic Litigation Guidance:

If a female party strictly observes parda according to family custom, move an application under Section 132 read with Order 26 Rule 1 for an order exempting her from appearing in open court and directing her examination on commission at residence.

Section 131 All 158 Sections of Code of Civil Procedure Section 133