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Husband has no right over wife’s property, Supreme Court rules

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Husband has no right over wife’s property, Supreme Court rules

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The Supreme Court has declared that a husband has no “right” over his wife’s property without her consent.

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,”

States a judgement authored by Justice Qazi Faez Isa on a petition of a mother-in-law whose husband guaranteed their daughter-in-law one kanal land with a fully constructed house in dowry.

The apex court’s division bench, headed by Justice Isa, also noted that a husband cannot ‘guarantee’ or encumber his wife’s property without her permission.The court noted that to restore the privileges and status of women in Islam a number of laws were enacted, including the Dissolution of Muslim Marriages Act, 1939.

Also read: Horrors of the Delhi Riots: We only found my brother’s foot

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