ISLAMABAD: Pakistan’s Federal Ombudsperson for Protection Against Harassment (FOSPAH), Ms. Fauzia Waqar, has welcomed a landmark judgment by the Islamabad High Court (IHC) that strengthens the recognition of matrimonial property rights in the country.
The ruling marks a significant development in a legal landscape where women’s rights over marital assets have historically remained underdefined due to the absence of a comprehensive legal framework. Traditionally, property acquired during marriage is registered in the name of the earning spouse, usually the husband, leaving women with limited legal claims despite their substantial non-financial contributions.
In its judgment, the IHC declared that all assets acquired during the course of a marriage, whether movable or immovable and irrespective of whose name they are registered under, qualify as “matrimonial property.” The court ruled that such assets are subject to equitable distribution between spouses.
In a statement, Ms. Waqar said the decision recognizes that a woman’s contribution to a marriage is not limited to financial input but also includes caregiving, household management, and support to the family. She described the ruling as a meaningful step toward acknowledging marriage as a partnership based on shared contributions.
The case was brought before the court through a writ petition filed by Ms. Amara Waqas, a former officer of the Pakistan Air Force. She had challenged earlier court decisions regarding the recovery of her dowry and personal belongings. While a trial court had awarded her 30 percent of the alternate value of her dowry, the appellate court later overturned that relief, citing insufficient evidence such as receipts or witness testimony.
The IHC set aside both earlier judgments, observing that the lower courts failed to consider the unique circumstances faced by working women.
The ruling also builds on earlier observations by Justice Mr. Jawad Hassan of the Lahore High Court in the case of Mst. Saima Shafi versus Additional District Judge and others, which highlighted the need for reforms in Pakistan’s matrimonial property laws.
FOSPAH reiterated its commitment to supporting legal reforms that ensure women’s contributions within marriage are properly recognized and protected, and that laws evolve in line with principles of equity, dignity, and justice.
