The Islamabad High Court (IHC), on Tuesday issued directives aimed at creating legislation to safeguard and effectively enforce women’s financial rights as well as to amend the marriage certificate.
The court determined that in the event of a divorce, the husband is obligated to return the full dowry to the wife. Furthermore, the wife is entitled to an equal share of the property acquired during the marriage.
The IHC mandated that all dowry items must be returned to the wife upon divorce. Additionally, she is entitled to half of the property accumulated after marriage.
The previous rulings made by family and district courts have been rendered null and void. The subordinate court has been instructed to re-evaluate the case within a two-month timeframe.
This ruling also referenced Islamic laws, Quranic verses, and precedents from foreign courts.
Govt to ensure protection of women’s financial rights
The government has been tasked with enacting legislation to ensure the protection and effective enforcement of women’s financial rights.
In a comprehensive 28-page written judgment, Justice Mohsin Akhtar Kayani stated that the dowry and personal gifts given to the bride are her property.
Upon separation, the husband is required to return the dowry to the wife, who may also claim the replacement value.
In cases of divorce or death, the property acquired during the marriage should be equally divided between the husband and wife.
The court has instructed the government to explicitly declare and safeguard the property rights of women.
Legislation should be established to ensure that women receive a share of the assets acquired during marriage.
Additionally, amendments to the marriage certificate are necessary to guarantee that the wife receives a share of the husband’s property during the marriage.
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