LAHORE : Aurat Foundation has expressed satisfaction and joy over the latest judgment delivered by Islamabad High Court (IHC) regarding financial rights of women.
The ruling affirms that matrimonial property, including household items, acquired by the husband after marriage gives the wife a right to share in it if the marriage ends. The Executive Council of Aurat Foundation described the ruling as a watershed development in the history of judicial stewardship in Pakistan concerning family laws, which have otherwise largely remained ignored.
The ruling will contribute to ensuring the financial rights of women within marriage, leading to their economic empowerment and helping to mitigate conflicts in matrimonial relationships.
Aurat Foundation noted that in Amara Waqas v M Waqas Rashid and Others (WP No 365 of 2023), Justice Mohsin Akhtar Kayani has discussed all aspects of matrimonial property distribution and post-divorce maintenance, and has recognised women’s post-divorce maintenance and matrimonial property rights.
Aurat Foundation further stated that Paragraph 34 of the judgment recommends that a separate column be added to the Nikahnama, specifying that any property owned or purchased by the husband during the subsistence of the marriage should be divided equally.
The ruling further states, without ambiguity, that “every girl at school, college, and university level shall be educated about her matrimonial rights, and may refer to and assert these rights in Column No. 18 of the Nikahnama in its present form, in a manner similar to W.P. No. 365 of 2023. Such terms are enforceable by law, in line with the constitutional mandate and protections provided under CEDAW, which has been ratified by Pakistan.”
The ruling by Justice Mohsin Akhtar Kayani is all-encompassing and represents a major step towards women’s economic independence and gender equality in Pakistan.
