Haque v Haque [1962] HCA 39

Haque v Haque [1962] HCA 39

Abdul Haque was at the time of his death domiciled in India, making Muslim law as administered in India his personal law. Muslim law applies to the distribution of his movable property, entitling his children by Azra and by Bibi, and Bibi as widow, to the shares stated by the Supreme Court. Azra, having been validly divorced according to Muslim law before Abdul's death, is not entitled to inherit. The will was void under Muslim law as to movables, but any question as to immovables in Western Australia is reserved. The marriage deed did not entitle Azra to a greater right than that provided to her under Muslim law.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Written Judgment in Appeal and Cross Appeal From Supreme Court of Western Australia Judgment Dated 7 November 1961
Outcome
Appeal dismissed with costs; cross-appeal dismissed; variation of Supreme Court judgment as specified
Legal Topics
['domicile' 'distribution of Estate' 'enforcement of Marriage Contracts' 'recognition of Foreign Marriages' 'muslim Law' 'testamentary Disposition']
['conflict of Laws' 'succession Law' 'family Law'] ['domicile' 'distribution of Estate' 'enforcement of Marriage Contracts' 'recognition of Foreign Marriages' 'muslim Law' 'testamentary Disposition']

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Procedural Posture

Appeal / Final Written Judgment in Appeal and Cross Appeal From Supreme Court of Western Australia Judgment Dated 7 November 1961

Legal Issues

  1. 1 ['Whether Abdul Haque was domiciled in India or Western Australia at death' 'Whether the marriage and the marriage agreement between Abdul and Azra Haque give rights to Azra and her children in the estate' 'Whether Azra Haque was validly divorced under Muslim law and whether this excludes her from inheritance' 'Whether the will of Abdul Haque was valid as to the distribution of his property, particularly in light of the requirements of Muslim law' 'Distinction between movable and immovable property in the estate for purposes of distribution']

Ratio Decidendi

Abdul Haque was at the time of his death domiciled in India, making Muslim law as administered in India his personal law. Muslim law applies to the distribution of his movable property, entitling his children by Azra and by Bibi, and Bibi as widow, to the shares stated by the Supreme Court. Azra, having been validly divorced according to Muslim law before Abdul's death, is not entitled to inherit. The will was void under Muslim law as to movables, but any question as to immovables in Western Australia is reserved. The marriage deed did not entitle Azra to a greater right than that provided to her under Muslim law.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed; variation of Supreme Court judgment as specified

Orders

  • ["Substitute 'movable property' for 'real and personal estate' in paragraph (b) of the Supreme Court declaration" 'Add paragraph (c): declarations (a) and (b) do not affect immovables in Western Australia; any questions on such immovables reserved for the Supreme Court' 'Subject to these variations, appeal dismissed...