Maharani of Burdwan vs Srimati Baradasundari Debi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1868 Supreme(Cal) 98

Maharani of Burdwan – Appellant
Versus
Srimati Baradasundari Debi – Respondent

JUDGMENT

Sir Barnes Peacock, Kt., C.J. - The question which has been submitted for the opinion of a Full Bench is whether, u/s 21, Act VIII of 1859, or under any other rule of law applicable to the Mofussil Courts, women who, according to the usage of the country ought not to be compelled to appear in public, are exempt from arrest and imprisonment in execution of decrees? It appears to me to be clear that they are not exempt under any rule or law, unless they are exempt u/s 21. The only question then is whether they are exempt under the provisions of that section. Looking at the whole of Act VIII. of 1859, it appears to me that Mr. Justice Jackson expressed a correct opinion when he stated that " a pardanashin woman who is a judgment-debtor, is not protected from arrest and imprisonment in execution of a decree against her. " Section 17, paragraph 5, enacts that, " whenever the personal appearance of a party to a suit is required by the Act, such appearance may be made by his authorized agent, unless the Court shall otherwise direct. "Sections 19 and 20⁶ point out what may be done when an officer or soldier is a party to a suit.; and then Section 21, upon which the question turns,