The Islamabad High Court judgment authored by honorable justice Mohsin Akhtar Kayani in case W.P. No. 365 – 2023 titled, Mst. Amara Waqas vs. Muhammad Waqas Rasheed sets a landmark precedent by recognizing marriage as an economBlogic partnership where both spouses have rights to assets acquired during the marriage.
Core Rulings
- Matrimonial Property:
The Court established that assets purchased during marriage (such as vehicles or appliances) are joint matrimonial property, even if titled in the husband’s name, provided they were acquired through joint financial or non-financial efforts.
- Value of Domestic Labor:
For the first time, the Court emphasized that non-financial contributions—such as homemaking and childcare—must be treated as equal in value to financial earnings when distributing assets,.
- Modern Valuation:
Judges are now directed to use inflation calculators and online marketplaces (like CPI) to determine the fair market value of used items, ensuring women are not unfairly compensated.
Legislative Recommendations
The Court urged the Government of Pakistan to:
- Amend the Nikah Nama to include a specific column for the equal division of property acquired after marriage.
- Enact new laws that expressly protect a homemaker’s right to an equitable share of marital assets.
- Educate women at all academic levels regarding their matrimonial and property rights.