Pakistani court rules wife eligible for equal right over marital assets
Islamabad High Court says property acquired during marriage must be equitably shared, recognizing domestic labor as economic contribution
ISLAMABAD, Pakistan (MNTV) — The Islamabad High Court has ruled that all assets acquired during a marriage constitute matrimonial property and must be distributed equitably between spouses, regardless of whose name appears on ownership documents.
In a landmark judgment, Justice Mohsin Akhtar Kayani said courts must not favor a “money earner” over a homemaker or caregiver when dividing marital assets.
The ruling emphasized that domestic labor and household management are economically significant contributions that enable wealth accumulation within a family.
The case stemmed from a petition filed by Amara Waqas, who challenged earlier court decisions regarding recovery of her dowry and personal belongings after marriage.
A trial court had granted her 30% of the alternate value of her dowry, but an appellate court later overturned the relief, citing insufficient evidence such as receipts or witness testimony.
Setting aside both decisions, the high court said lower courts failed to account for the realities faced by working women, particularly those in government service who frequently relocate and may receive financial support instead of traditional dowry items.
The court also examined a Suzuki Cultus purchased during the marriage. Although registered in the respondent’s name, the judge ruled it was matrimonial property, noting the petitioner had contributed the initial payment. The court said she was entitled to at least a 50% share in such assets.
Citing legal practices in countries including Malaysia, Indonesia, Turkey and the United Kingdom, the court described marriage as an economic partnership. It also referenced Islamic principles, noting that religious teachings do not bar legal protections for women’s property rights.
The judgment further pointed out Pakistan’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women to eliminate discrimination in property matters.
The court called for legislative reforms to better protect homemakers, including amendments to the Nikahnama to explicitly provide for equal division of assets acquired after marriage.
It also urged greater awareness among women about using existing provisions in the marriage contract to safeguard their financial rights and recommended laws formally recognizing domestic labor as a contribution to marital property.
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