Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, June 19, 2018 02:39:13 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

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

By
02nd-Jun-2018       
Comments
Share your thought
Post a comment »
Read all () »

(From previous issue) :
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 »

Save the flood victims and take adequate measures for post-flood rehabilitation


INCESSANT rainfall in the last few days has triggered floods in the country's East and South East districts. Thousands of people of Moulvibazar, Habiganj, Feni and Chattogram districts have been marooned as floodwater crawled to inundate their homestead and damage crops and livestock. The New Nation recently reported that Khowai, ...

Football »

A Mexico soccer fan celebrates her team victory against Germany after their group F match at the 2018 soccer World Cup in the Luzhniki Stadium in Moscow, Russia on Sunday.


Sports »

Federer wins 98th ATP title in Stuttgart


AFP, Germany :Roger Federer claimed his 98th ATP title on Sunday with a 6-4, 7-6 (7/3) defeat of Milos Raonic in the grass-court Stuttgart Cup final.The Swiss great, who will be chasing a ninth Wimbledon triumph next month, beat his Canadian opponent for the 11th time in 14 meetings while ...

International »

US policy on migrant kids `unconscionable`: UN rights chief


AP, Geneva :The U.N. human rights chief is urging the Trump administration to end new policies separating migrant children from their parents after entering the United States from Mexico, saying they've affected nearly 2,000 kids in the last six weeks.Zeid Ra'ad al-Hussein says it's "unconscionable" that any country would seek ...

International »

Family separation policy starts dividing Republicans


AP, Washington :The emotional policy of separating children from their parents is also starting to divide Republicans and their allies as Democrats turn up the pressure.Former first lady Laura Bush called the policy "cruel" and "immoral" while GOP Sen. Susan Collins expressed concern about it and a former adviser to ...

City »

Prime Minister Sheikh Hasina exchanging pleasantries with diplomats at Ganabhaban in the city on Saturday on the occasion of holy Eid-ul-Fitr.


Editorial »

Eid Mubarak


EID UL FITR is an important religious event celebrated by Muslims worldwide that marks the end of Ramadan, the Islamic holy month of fasting (sawm). The Eid (Muslim religious festival) is the first and only day in the month of Shawal during which Muslims are not permitted to fast. The ...

Cricket »

History-making Afghanistan get baptism of fire in Test cricket


AFP, Bangalore :Afghanistan were handed a bruising introduction to Test cricket by India on Thursday as they capped their astonishing rise from war and refugee camps to joining the sport's elite.Afghan skipper Asghar Stanikzai called it a "very proud moment" as he strode onto the field at Bangalore's M. Chinnaswamy ...

Football »

Orlando City midfielder Josue Colman kicks the ball away from Montreal Impact defender Rod Fanni during the second half of an MLS soccer match on Wednesday in Montreal.


Football »

German Chancellor Angela Merkel (center) and the former German national soccer team player and integration commissioner of the German soccer association, Cacau (right) attend a women soccer training session at a soccer club in Berlin, Germany on Wednesday.


International »

World can `sleep well` after North Korea summit: Trump


A jubilant-sounding President Donald Trump declared Wednesday that his "deal" with Kim Jong Un has ended the North Korean nuclear threat, as his top diplomat said he hoped to see "major disarmament" of the country by 2020.Despite the lack of detail, or binding terms in the joint statement agreed with ...

International »

UN rights office calls for int’l probe in Kashmir


AP, Geneva :The U.N. human rights chief called Thursday for an independent, international investigation into reports of rights violations in the disputed region of Kashmir, laying blame for civilian deaths and injuries on the actions of both India and Pakistan.In its first report on the region, the office of Zeid ...

City »

Air Chief adorned with Air Marshal rank badge


A ceremony marking the adorning of rank badge of new Chief of Air Staff Air Marshal Masihuzzaman Serniabat was held at the Prime Minister's Office (PMO) on Thursday.In the presence of Prime Minister Sheikh Hasina, Chief of Army Staff General Abu Belal Mohammad Shafiul Huq and Chief of Naval Staff ...

Entertainment »

Sylvester Stallone under probe for sexual assault


Los Angeles prosecutors said on Wednesday that their sex crimes team was reviewing a case against Rocky actor Sylvester Stallone. Los Angeles District Attorney's office spokesman Greg Risling did not give details but said the case was presented by police in the California beach city of Santa Monica.Representatives for Stallone, ...

Editorial »

Pay the workers immediately, let them celebrate the Eid


NEWS media reported that nearly 40 percent of the garment factories, most of which are small and not members of any trade bodies like the BGMEA or the BKMEA, are yet to pay the workers' salaries or festival bonus although Eid-ul-Fitr is knocking at the door. Most of the 4.4 ...

 
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