A Pardahnashin lady is one who is illiterate, ignorant and observes complete seclusion (pardah) according to the custom of her family. If a lady keeps her face covered but transacts her own business, collects rents from her tenants and deals with persons who are not members of her family, cannot be regarded as pardahnashin. There is a presumption of undue influence in a contract with a pardahnashin lady. Such lady can avoid contract on the plea of undue influence.
Example
A lady appeared before the Registrar for registration of certain documents and gave evidence in a suit. The court held that she could not be treated as a pardahnishin lady. (Shaik Ismail vs. Amir Bibi).
Burden of Proof
In case of contract with pardahnashin lady, it is the duty of the other party to prove that no undue influence was applied by him. To disprove the undue influence, the other party must satisfy the court that:
The terms and conditions of the contract were fully explained to her.
She was aware of the results of the contract.
She was free to get independent advice regarding the contract.
She gave her free consent to execute the contract.