IHC directs for legislation to protect women’s financial rights

ISLAMABAD, Mar 24 (APP): The Islamabad High Court (IHC) on Tuesday issued directives for legislation to protect and effectively enforce women’s financial rights and amendment in marriage certificate.

The court ruled that after separation between husband and wife in case of divorce, the husband is bound to return the entire dowry. The wife will also get an equal share with the husband in the property created during the marriage.

The IHC ordered the citizen to hand over all the dowry items to the wife in case of divorce. She will also be entitled to half of the property created after marriage. The decisions of the family and district courts have been declared null and void.
The subordinate court was ordered to decide again within 2 months.

The decision also referred to Islamic laws, Quranic verses, and precedents of foreign courts. The government has been directed to enact legislation to protect and effectively enforce women’s financial rights.

Justice Mohsin Akhtar Kayani, in a 28-page written judgment, has ruled that the dowry and personal gifts of the bride belong to her. On separation, the husband should return the dowry to the woman. The wife can also receive replacement value. The property acquired after marriage should be divided equally between the husband and wife in the event of divorce or death.

The court has directed that the government should clearly declare and protect the property rights of women. A law should also be made so that women can get a share in the assets acquired during marriage. The marriage certificate should also be amended so that the wife will get a share in the property of the husband during marriage.

The girl should be educated about marital rights in schools, colleges and universities. This will enable her to refer to her rights in column number 18 of the marriage certificate. Protection of women’s rights will play an important role in the development of a just society.