Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, February 20, 2019 10:40:14 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

'Pardahnashin lady' may be represented by authorised agent before Family Court

By
26th-May-2018       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division  :
(Civil Revisional Jurisdiction)
SM Emdadul Hoque J
Kashefa Hussain J
Aleya Akter ……….. Petitioner
vs
Md Daulat Patwary ....
……..Respondent
Judgment
May 15, 2017
Family Courts Ordinance (XVIII of 1985)
Section 21
Otherwise than as a witness only a 'pardahnashin lady' may be allowed to be represented by a duly authorised agent before a Family Court. The Ordinance, has specifically confined and limited the permission to appear through duly authorised agent to a 'pardahnashin lady' only. The law is also quite transparent on the provision that otherwise than as witnesses, all others, who are required under the Ordinance to appear except a 'pardahnashin lady' have to appear in person before the Family Court.                …….(13)
Md Atikur Rahman vs Ainunnahar, 7 BLT 241 ref.
Md. Hamidur Rahman, Advocate-For the Petitioner.
Md Hamidur Rahman, Advocate-For the Petitioner.
None Appear-For the Respondent.
Judgment
Kashefa Hussain J : Rule was issued at the instance of the petitioner in this Civil Revisional Application calling upon the opposite party No. 1 to show cause as to why the improved judgment Ltd order elated 17-5-2016 passed by learned Additional District Judge, 5th Court, Dhaka in Family Appeal No. 255 of 2015 rejecting the appeal thereby affirming the order dated 6-8-2015 passed by the learned Additional Assistant Judge, Family Court No.3. Dhaka in Family Suit No. 531 of 2014 rejecting the application dated 14-5-2015 should not be set aside and/or pass such other or further order or orders as to this court may Seem fit and proper.
2. The facts relevant for disposal of the Rule in short is that the plaintiff-petitioner was married to the defendant-opposite party on 10-2-2012 and the amount of dower money fixed was Taka 3,00,001 (three lac one). After marriage, subsequently differences arose between them and the plaintiff-petitioner inter-alia allege that the defendant-opposite party physically tortured her and extorted dowry from the petitioner's family. At one stage the defendant-opposite party husband left for Italy. Eventually she realised that she was pregnant and she left the husband's home for her father's home and the child was born in her father's house and her husband did not contribute towards her maintenance nor did he pay dowry money but which he is bound to give to her under the Muslim Family Laws. For a while she returned to her husband's family but could not stay there long due  to misbehaviour of her in laws and again returned to her father's home. At on stage the petitioner as plaintiff instituted Family Suit No. 154 of 2014 for dower and maintenance against the defendant husband.
3. The defendant entered appearance in the suit through a constituted Attorney and contested the suit by filing a written statement.
4. During course of that proceedings, the plaintiff on 14-5-2015 filed an application under Section 21 of the Family Courts Ordinance, 1985 praying for abstaining the defendant from contesting the suit by constituted Attorney contending inter alia that since the defendant is a male person, as per law he cannot contest the suit by his constituted Attorney. On the same day, the defendant filed an application for calling the concern Volume of marriage from the concerned office of Nikah Register.
5. The learned Family Court heard the said applications and was pleased to fix the suit on 6-8-2015 for order and consequently the learned Court, by its order dated 6-8-2015 was pleased to reject the said application dated 14-5-2015 filed by the plaintiff Md was further pleased to allow the said application dated 14-5-2015 filed by the defendant allowing him to he represented by a constituted attorney.
6. Being aggrieved by and dissatisfied with the aforesaid order, the plaintiff an appellant filed Family Appeal being No. 255 of 2015 before the learned District Judge, Dhaka.
7. Consequently the said appeal was transmitted to the Additional District Judge, 5th Court, Dhaka for disposal and upon hearing, the learned appellate Court by its order dated 17-5-2016 was pleased to reject the appeal thereby affirming the order of the trial Court.
8. Being aggrieved by the order of the learned Appellate Court dated 17-5-2016 the plaintiff as petitioner preferred the instant Civil Revisional application which is before us for our disposal.
9. Learned Advocate Mr Md Hamidur Rahman appears on behalf of the petitioner while none appears for the opposite party though the matter appeared for several days in the list.
10. Learned Advocate Mr Md Hamidur Rahman submits that both the Courts below failed to appreciate the provision of law as contained in Section 21 of the Family Court Ordinance, 1985. He argues that the defendant being a male, cannot contest the family suit filed against him through a constituted attorney only, but he has to appear himself, in person. Elaborating his submissions he takes us to Section 21 Family Court Ordinance, 1985. Drawing our attention to Section 21 he asserts that the provisions of the section express that otherwise than as a witness, only a pardahnashin lady, may  be permitted to be represented by a duly authorised agent or duly constituted attorney whatsoever. He further submits that the pre-trial proceeding as per the provisions of law as per Section 10 of Family Court Ordinance have also been concluded and the matter is on the process of proceeding with trial. He takes us to the order of the learned Appellate Court wherefrom he points out that the learned appellate Court has upon misapplication of mind and misinterpretation of facts injudiciously relied upon Section 10 of the Family Court Ordinance, 1985. Learned Advocate further persuades that Section 10 of the Family Court Ordinance contemplates a circumstance and situation during pretrial proceedings only, where the court can after examining the documents filed by the parties, if it so deems fit, hear the parties. He assails that Section 10 of the Family Court Ordinance is not at all applicable in this case, since the pretrial proceeding is over and is trial is about to begin. He further argues that the learned Court below upon total misinterpretation of facts and on mistaken reliance of Section 10 of the Family Court Ordinance, 1985 rejected the application of the plaintiff-petitioner.
 (To be continued)
In support of his submissions he cites a decision of this court in the case of Mohammad Atikur Rahman vs Ainunnahar reported in 7 BLT 241. Drawing in analogy from the 7 BLT decision, he submits that in that case the court up held the principle that the defendant being the husband and not a pardahnashin lady he cannot be represented by an agent. Relying upon his submissions and the relevant provisions of the Family Courts Ordinance drawing support, from the decision of the High Court Division in the/ BLT 241   case, he concludes his submissions upon assertion that the Rule bears merit and therefore ought to be made absolute for ends of justice.
11. We have heard the learned Advocate and perused the application and materials on record including the Orders of the learned Courts below. We have also perused Section 21  and Section 10 of the Family Court Ordinance, 1985 and have gone through the 7 BLT 241 High Court Division decision placed before us.
12. Upon plain reading of Section 21 of the Ordinance it is quite evident that as per this section otherwise than as a witness all other persons except a 'pardahnashin' lady are required under the law to appear before the Family Court. Section 21 of the Family Court Ordinance is reproduced hereunder:
If a person required under this Ordinance to appear before a Family Court, otherwise than as a witness, is a pardahanshin lady, the Family Court may permit her to be represented by a duly authorized agent.
13. From a plain reading of Section 21 it is quite clear that otherwise than as a witness only a 'pardahnashin' Lady may be allowed to be represented by a duly authorized agent before a Family Court. The Family Court Ordinance, 1985 has specifically confined and limited the permission to appear through duly authorised agent to a 'pardahnashin' lady only. The law is also quite transpirent on the provision that otherwise than as witnesses, all others, who are required under the Ordinance to appear except a 'pardahnashin' lady have to appear in person before the Family Court.
14. We have also perused section 10 of the Ordinance and after perusal of the section we find force in the submission of the learned Advocate for the petitioner on his assertion that Section 10 is not applicable in the instant case since them out perused dt Section 10 it is also clear that Section 10 contemplates a pretrial proceeding only and therefore, in this case the pre-trial proceeding being concluded with, Section 10 is not at all applicable here in the case before us. We have also perused the 7 BLT 241 High Court Division decision placed by the learned Advocate of the petitioner and since upon perusal it is revealed that the facts in that case and the instant case before us are similar, and upon our own interpretation of the relevant laws, we are in respectful agreement with the 7 BLT 241 case.
15. Under the facts and circumstances and for the reasons stated above we find merits in  the Rule. In the result, the Rule is made absolute and the Judgment and order dated 17-5-2016 passed by the Additional District Judge, 5th Court, Dhaka in Family Appeal No. 255 of 2015 rejecting the appeal thereby affirming the order dated 6-8-2015 passed by the learned Additional Assistant Judge, Family Court No. 3, Dhaka in Family Suit No. 531 of 2014 rejecting the application dated 14-5-2015 is hereby set-aside.
Order of stay granted at the time of issuance of the Rule is hereby vacated.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Prevent gas cylinder and pipeline explosions


GAS explosion has become very common in the country nowadays. Even if someone escapes death, the victim has to suffer burn injury or loss of valuable organs. The authorities concerned still did not take any effective step to control such incidents. In the latest incident, seven people including a couple ...

Entertainment »

Malaika Arora opens up about her divorce with Arbaaz Khan


Malaika Arora, who is recently making headlines for her relationship with Arjun Kapoor and the couples social PDA, recently opened up about her divorce with Arbaaz Khan on a radio show. Talking about her divorce she revealed that it was a mutual decision to part ways so that they could ...

City »

BNP Standing Committee Member Dr. Khondkar Mosharraf Hossain, among others, at a discussion organised by Bangladesh Jatiyatabadi Muktijoddha Dal at the Jatiya Press Club on Tuesday demanding release of BNP Chief Begum Khaleda Zia.


.

International »

Pakistan PM urges talks on Kashmir blast, warns India against attack


Reuters, Islamabad :Prime Minister Imran Khan said on Tuesday Pakistan was ready to cooperate with India in its investigation of a deadly bombing in the disputed Kashmir region last week, which India blamed on Pakistan, but warned of retaliation if attacked.Tension between the nuclear-armed neighbors has risen sharply over the ...

Sports »

Al Amin Zumar and Mukhtar Hossain of Daffodil International University receiving the championship trophy of the Inter-University Badminton Tournament and a cheque of Taka 15,000 from Dr Mohammed Farashuddin, Chairman, Board of Trustees of East West University, at the playground of East West University in the city on Monday.


.

Editorial »

Not memorization, students need analytical involvement


ABOUT one lakh students have applied to the Directorate of Primary Education (DPE) of the Primary and Mass Education Ministry for reexamination of their results, claiming that justice will be established if the authorities work properly. Some of students who failed in the examination alleged that they did not get ...

International »

`Crime may have been committed` by Trump: Ex-FBI official


AP, Washington :Former FBI Deputy Director Andrew McCabe said in an interview that aired Sunday that a "crime may have been committed" when President Donald Trump fired the head of the FBI and tried to publicly undermine an investigation into his campaign's ties to Russia. McCabe also said in the ...

Entertainment »

Moury Salim prefers challenging roles


Sheikh Arif Bulbon :Actress of present generation Moury Salim has been engaged with acting for many days. Though she has been busy with acting for long time but could not get the opportunity to work in challenging roles properly or the directors did not utilise her acting quality appropriately. On ...

Cricket »

Girona beat Real Madrid


BBC Online :Real Madrid missed the chance to go second in La Liga as Girona came from behind to record a surprise away win on Sunday.Casemiro powerfully headed in from Toni Kroos' deep cross from the right wing to give the hosts a first-half lead.Cristhian Stuani's penalty made it 1-1 ...

City »

Director General of Bangladesh Agricultural Research Institute Dr. Abul Kalam Azad speaking at the inaugural ceremony of a training programme on 'Marker Assisted Selection' at its seminar room in Gazipur on Monday.


.

Editorial »

Take hard-line against tax eviction by working foreigners


THE international organisations and development partners working in Bangladesh did not surrender or renew the Customs Passbooks of their 395 non-Bangladeshi staff till the date. The National Board of Revenue had directed them to complete the task within the January 31 deadline, newspapers reported. According to NBR, employees of 21 ...

City »

40 DU students get Sumitomo Corporation Scholarship


City Desk  :A total of 40 under-graduate students from different academic years of Dhaka University (DU) have been awarded Sumitomo Corporation Scholarship of Japan today February 17, 2019 at Nabab Nawab Ali Chowdhury Senate Bhaban of the university.Dhaka University Vice-Chancellor Prof. Dr. Md. Akhtaruzzaman presided over the function while Treasurer ...

Cricket »

Sri Lanka sensation Perera hailed for Test-winning heroics


AFP, Colombo :Kusal Perera became a national hero in Sri Lanka on Sunday after scoring an unbeaten 153 to guide his country to a sensational first Test victory in South Africa.The country's cricket legends and politicians lauded Perera, who has become a linchpin for the ailing national side since fighting ...

International »

Japan PM nominated Trump for Nobel after US request


AFP, Tokyo :Japan's Prime Minister Shinzo Abe nominated US President Donald Trump for the Nobel Peace Prize last autumn after being requested to do so by Washington, a Japanese newspaper reported Sunday.Washington sounded out Tokyo over the possibility of nominating Trump for the prize after his landmark summit with North ...

Entertainment »

Shraddha Kapoor obliges fans amidst a busy schedule


Actress Shraddha Kapoor obliges for some selfies with her fans amidst a busy schedule. The actress was pictured today in London where she is working on her upcoming project Street Dancer 3D. The official Instagram handle of Manav Manglani had recently posted pictures of her taking selfies for her fans ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news