Islamabad High Court Rules on Equal Division of Marital Assets in Landmark Case

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In a landmark judgment, the Islamabad High Court has ruled that assets acquired during marriage should be treated as marital property and fairly divided between spouses in cases of divorce, separation, or the husband’s death. The decision marks a significant development in recognizing the financial rights of women in Pakistan.

Justice Mohsin Akhtar Kayani, in a detailed 28 page verdict emphasized that both partners contribute equally to the marriage, even if only one is earning income. The court acknowledged that domestic responsibilities such as managing the household and raising children are a form of economic contribution, enabling the earning spouse to build wealth.

The ruling came in the case of Amara Waqas case, where the court suggested that the wife should receive at least 50 percent of the shared assets. It also clarified that dowry and personal gifts given to the bride remain her exclusive property, and their value must be returned if withheld.

Additionally, the court advised the government to introduce a clause in the marriage contract to clearly define equal property distribution. The verdict is expected to influence future legal reforms and family law practices.

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