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SC Rules Husband Has No Right Over Wife’s Property

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In a significant judgement, the Supreme Court (SC) has ruled that a husband does not have right over his wife’s property without her permission.

The verdict said, “The fundamental rights in the Constitution include the ‘right to acquire, hold and dispose of property’ and ‘no person shall be compulsorily deprived of his property save in accordance with law’ these provisions do not distinguish between men and women.

Therefore, unless a married woman elects to gift, sell or otherwise dispose of her property neither her husband nor any male relative has any right over it,” the verdict said.

The judgement was authored by Justice Qazi Faez Isa on a case filed by ga mother-in-law whose husband guaranteed their daughter-in-law one kanal land and a house in dowry. The SC bench headed by Justice Isa said that a husband cannot ‘guarantee’ or encumber his wife’s property without her consent.

While hearing the case, Justice Isa noted that several laws were enacted to restore the privileges and status of women in Islam including the Dissolution of Muslim Marriages Act, 1939.

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Naya Daur