In a historic and important decision, the Islamabad High Court in Pakistan has declared that all assets acquired during marriage will be considered “matrimonial property”, even if they are in the name of one of the parties, and they will be divided equitably in the event of divorce or separation.
According to the details, this decision was issued by Justice Mohsin Akhtar Kayani during the hearing of a petition, in which the court clarified that marriage should not be seen as a mere social relationship but as an economic partnership.
The court said in its decision that all movable and immovable property acquired during marriage, whether in the name of either the husband or the wife, will be considered the joint property of both and its distribution should be done on an equal or fair basis.
Another important aspect of the judgment is that the court formally recognized the role of housewives, stating that:
Maintaining a home, raising children and performing household responsibilities are also tantamount to economic activity.
The court emphasized that it is unfair to give preference only to the earning party (usually the husband), as the hard work of a housewife provides the foundation on which the economic development of the family is possible.
Furthermore, the court held that the wife—whether she is a housewife or an employed person—is entitled to a minimum of 50 percent share in the assets created during the marriage, and recommended that this principle be included in the marriage certificate.
The judgment came in the backdrop of a petition filed by a former female officer, challenging the decisions of lower courts regarding dowry and other financial rights. The court set aside the previous decisions and remanded the matter for rehearing.
According to legal experts, this decision is being hailed as a major breakthrough in women’s financial and marital rights in Pakistan, as it marks the first time that domestic work has been given a formal economic value and marriage has been recognized as a joint investment.
This development not only sets an important precedent in the judicial system but could also pave the way for future legislation and changes in the terms of marriage contracts, which could further strengthen the protection of women’s rights.
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