Legal status of pardanishin women
Kamakshi.G
(Querist) 19 July 2012
This query is : Resolved
I want to know how far contracts entered with/by pardanishin women is valid? Whether Pardanishin Women will be given business loans in banks? Please need answer urgently and thanks in advance.
Tajobsindia
(Expert) 19 July 2012
1. Women, who observe the custom of Parda, i.e., seclusion from contact with people outside her own family, are peculiarly susceptible to "undue influence". Therefore, Indian Courts have held that a contract made by or with a "Pardanishin" lady may be set aside by her unless the other party to the contract satisfies the court that the terms of the contract were fully explained to her and that she understood their implications is reply to yoru first question.
2. Read RBI Circular DBOD No. Leg. BC. 18/09.07.006/2011-12 dated July 1st. 2011 issued to all Scheduled Commercial Banks. Other than fulfiling terms and conditions of Loan a particular Bank offers to Pardanishin lady the banks should also obtain photographs of the 'Pardanishin' women is reply to your second question.
Hoep your query is urgently resolved now !
prabhakar singh
(Expert) 19 July 2012
Yes!Mr. tajobsindia has solved your query.
A pardanashin woman is one who lives in seclusion having no commission except from behind the purdah or screen with any male person except a few privileged relations. She has not must inter course with the out side world.
Law provides special protection to pardanashin ladies on the ground of their being ignorant so far as the worldly knowledge goes.
A contract with a pardanashin woman is presumed to have been induced by undue influence. She is NOT bound by the contract unless the other party can show that it was her intelligent and voluntary act.
Thus where a deed is executed by a pardanashin lady of considerable age, it is for the opposite part to prove that the lady really understood and intended to execute the deed.
And RBI circular is already cited by Mr.tajobsindia.
