Can ex wife claim stocks investment of husband earned money after khula ?
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Asma Lawyers In Pakistan
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Ms Asma Tanveer Randhawa Advocate
Asma Lawyers In Pakistan
mohammad mehdi ghanbari
Hello, good morning
Based on Islamic law and the legal framework in Pakistan, an ex-wife generally cannot claim a share in her husband's investments, such as stocks, after a khula divorce. A khula is a divorce initiated by the wife, and it often requires her to return her dower (mahr) and other gifts she received from her husband in exchange for his consent to the divorce.
Financial Settlement in Khula
In a khula, the marriage is dissolved by the mutual consent of both spouses. However, if the husband does not consent, a wife can still seek a judicial khula from a family court. When a khula is granted, the wife is typically required to return her dower to the husband. The principle in Islamic law is that each spouse's property remains their own, and a wife does not have a claim to assets her husband has earned. The Married Women's Property Act of 1874 further establishes that a woman has an exclusive right to her own property, whether it was acquired before or after the marriage.
Child Custody and Maintenance
While the wife is not entitled to a share of her husband's assets, the arrangements for children are handled separately:
Child Custody: In Pakistan, the mother is generally granted physical custody (hizanat) of young children, specifically boys up to the age of seven and girls until they reach puberty. The primary consideration for the court is always the welfare and best interests of the child.
Child Maintenance: The father is legally responsible for the financial maintenance of his children, regardless of the circumstances of the divorce. This is a fundamental right of the child under Pakistani law. The court will determine the amount of child support the father must provide. This obligation remains even if the mother is the one who sought the divorce.
Wife's Maintenance
Following an irrevocable divorce such as a khula, the ex-husband is not required to provide maintenance for his ex-wife. An exception is made if the wife is pregnant at the time of the divorce, in which case she is entitled to maintenance until the child is born.
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