LexThe Telangana (Application of Central Acts) Act, 1952.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA (APPLICATION OF CENTRAL ACTS) ACT, 1952.
(ACT NO. XLVIII OF 1952.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definition.
3. Application of Central Acts to the area to which
this Act extends.
Schedule.
Annexures.
THE TELANGANA (APPLICATION OF CENTRAL ACTS)
ACT, 1952.1
ACT No. XLVIII OF 1952.
1. (1) This Act may be called the 2Telangana (Application
of Central Acts) Act, 1952.
(2) It extends to the whole of the State of 2Telangana;
(3) It shall come into force at once.
2. In this Act,-
„appointed day ‟ means the day on which this Act
comes into force.
3. The following Acts, namely:-
(a) The Hindu Inheritance (Removal of Disabili ties) Act,
1928 (XII of 1928),
3(b) [XXX]
3(c) [XXX]
1. The Andhra Pradesh (Telangana Area) (Application of Central Acts)
Act, 1952 in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
Telangana Adaptation of Laws (No.2) Order, 2016, issued in
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Clauses (b) and (c) were omitted by the A.P.A.O. 1957.
* Substituted for the word “Hyderabad” by the Andhra Pradesh
Adaptation of Laws Order, 1957.
Short title, extent
and
commencement.
Application of
Central Acts to
*[the area to
which this Act
extends.]
Definition.
2 [Act No. XLVIII of 1952]
(d) The Dissolution of Muslim Marriages Act, 1939#
(8 of 1939),
(e) The Hindu Married Women‟s Right to Separate
Residence and Maintenance Act, 1946 (19 of 1946), and
4[(f) [XXX]
shall, with effect from the appointed day, extend to and be in
force in the whole of 5[the area to which this Act extends]
subject to the modifications mentioned in the Schedule and
shall, accordingly, be in force 6[in the said area] with effect
from the said date in the forms res pectively specified in
7[Annexures A, D and E] to the Schedule.
# See The Miscellaneous Personal Laws (Extension) Act, 1959 (Central
Act 48 of 1959).
4. Clause (f) omitted by the A.P.A.O., 1957.
5. Substituted for the words “the State of Hyderabad” by ibid.
6. Substituted for the words “the said State‟‟ by ibid.
7. Substituted for the „„Annexures A, B, C, D, E and F‟‟ by ibid.
[Act No. XLVIII of 1952] 3
SCHEDULE.
The Hindu Inheritance (Removal of Disabilities ) Act,
1928, (XII of 1928).
For sub -section (2) of section 1, the following
sub-section shall be substituted, nameIy:-
“(2) It extends to the whole of the 8the Telangana area of
the State of Andhra Pradesh;
9[XXX]
9[XXX]
* * *
The Dissolution of Muslim Marriages Act, 1939
(VIII of 1939).
For sub -section (2) of section 1, the following
sub-section shall be substituted, namely:-
“(2) It extends to the whole of 8the Telangana area of the
State of Andhra Pradesh;”
* * *
8. For the words “the State of Hyderabad ” the words “the Hyderabad
area of the State of Andhra Pradesh ” were substituted by the A.P.A.O.
1957. Subsequently, those words were substituted by A.P Act IX of
1961.
9.The entries relating to the Hindu Law of Inheritance (Amendment) Act,
1929 (II of 1929) and the Hindu Women ‟s Rights to Property Act, 1937
(XVIII of 1937) were omitted by the A ndhra Pradesh Adaptation of Laws
Order, 1957.
4 [Act No. XLVIII of 1952]
The Hindu Married Women ‟s Right s to Separate
Residence and Maintenance, Act, 1946 (XIX of 1946).
For sub -section (2) of section 1, the following
sub-section shall be substituted, namely:-
“(2) It extends to the whole of the 10the Telangana area
of the State of Andhra Pradesh;”
11[XXX]
* * *
ANNEXURE - A.
The Hindu Inheritance (Remov al of Disabilities) Act ,
1928 (XII of 1928) as modified by the aforesaid Schedule.
An Act to amend the Hindu Law relating to exclusion
from inheritance of certain clas ses of heirs, and to remove
certain doubts.
WHEREAS it is expedient to amend the Hindu Law
relating to exclusion from inheritance of certain classes of
heirs, and to remove certain doubts;
It is hereby enacted as follows:—
1. (1) This Act may be called the Hindu Inher itance
(Removal of Disabilities) Act, 1928.
10. For the words “the State of Hyderabad ” the words “the Hyderabad
area of the State of Andhra Pradesh ” were substituted by the A.P.A.O. ,
1957. Subsequently, those words were subs tituted by A.P Act IX of
1961.
11. The entry relating to the Hindu Marriage D isabilities Removal Act,
1946 (XXVIII of 1946) were omitted by A.P.A.O., 1957.
Short title, extent
and application.
[Act No. XLVIII of 1952] 5
(2) It extends to the whole of the 12the Telangana area of
the State of Andhra Pradesh;
(3) It shall not apply to any person governed by the
Dayabhag School of Hindu Law.
2. Notwithstanding any rule of Hindu Law or custom to the
contrary, no person governed by the Hindu Law, other than
a person who is and has been from birth a luna tic or idiot,
shall be excluded, from inheritance or from any right or
share in joint-family property by reason only of an y disease,
deformity or physical or mental defect.
3. Nothing contanned in this Act shall affect any right
which has accrued or any liabi lity which has been incurred
before the commencement there to, or shall be deemed to
confer upon any person any right in respect of any religious
office or service or of the management of any religious or
charitable trust which he would not have had if this Act had
not been passed.
13[ANNEXURE - B. * * *]
12[ANNEXURE - C. * * *]
ANNEXURE - D.
The Dissolu tion of Musl im Marriages Act, 1939
(8 of 1939) as modified by the aforesaid Schedule.
An Act to consolidate and clarify the provisions of
Muslim Law relating to suits for dissolution of marriage by
12. For the words “the State of Hyderabad” the words “the Hyderabad
area of the State of Andhra Pradesh” were substituted by the A.P.A.O.,
1957. Subsequently, those words were substituted by A.P Act IX of
1961.
13. Annexures B and C were omitted by the A.P.A.O. 1957.
Persons not to be
excluded from
inheritance or
rights in joint
family property.
Saving and
exception.
6 [Act No. XLVIII of 1952]
women married under Muslim Law and to remove doubts as
to the effect of the renunciation of Islam by a married Muslim
woman on her marriage tie.
WHEREAS it is expedient to consolidate and clarify the
provisions of Muslim Law relating to suits for disso lution of
marriage by women married under Musim Law and to
remove doubts a s to the effect of the renuncia tion of Islam
by a married Muslim woman on her marriage tie;
It is hereby enacted as follows:—
1. (1) This Act may be called the Dissolution of Muslim
Marriages Act, 1939.
(2) It extends to the whole of 14the Telangana area of the
State of Andhra Pradesh.
2. A woman married under Muslim Law shall be entitled to
obtain a decree for the dissolution of her marriage on any
one or more of the following grounds, namely:-
(i) that the where abouts of the husband have not been
known for a period of four years;
(ii) that the hushand h as neglected or has failed to
provide for her maintenance for a period of two years;
(iii) that the husband has been sentenced to
imprisonment for a period of seven years or upwards;
14. For the words “the State of Hyderabad ” the words “the Hyderabad
area of the State of Andhra Pradesh ” were substituted by the A.P.A.O. ,
1957. Subsequently, those words were substituted by A.P Act IX of
1961.
Short title and
extent
Grounds for
decree for
dissolution of
marriage.
[Act No. XLVIII of 1952] 7
(iv) that the husband has failed to perform, without
reasonable cause, his marital obligations for a period of
three years;
(v) that the husband was impotent at the time of the
marriage and continues to be so;
(vi) that the husband has been insane for a period of
two years or is suffering from leprosy or a virulent venereal
disease;
(vii) that she, having been given in marriage by her
father or other guardian before she attained the age of
fifteen years, re pudiated the marriage before at taining the
age of eighteen years:
Provided that the marriage has not been consummated;
(viii) that the husband treats her with cruelty, that is to
say—
(a) habitually assaults her or makes her life miserable
by cruelty of conduct even if such conduct does not amount
to physical ill-treatment, or
(b) associates with women of evil repute or leads an
infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her
exercising her legal rights over it, or
(e) obstructs her in the observance of her religious
profession or practice, or
8 [Act No. XLVIII of 1952]
(f) if he has more wives than one, does not treat her
equitably in accordance with the injunctions of the Quran.
(ix) on any other ground which is recognised as valid for
the dissolution of marriages under Muslim Law:
Provided that,-
(a) no de cree shall be passed on ground (iii) until the
sentence has become final;
(b) a decree passed on ground (i ) shall not take effect
for a period of six months from the date of such decree, and
if the husband appears either in person or through an
authorised agent within that period and satisfies the Court
that he is prepared to perform his conjugal duties, the Court
shall set aside the said decree; and
(c) before passing a decree on ground (v) the Court
shall, on application by the husband, make an order
requiring the husband, to satisfy the Court within a period of
one year from the date of such order that he has ceased to
be impotent, and if the husband so satisfies the Court within
such period, no decree shall be passed on the said ground.
3. In a suit to which clause (i) of section 2 applies—
(a) the names and addresses 0f the persons who would
have been the heirs of the husband under Muslim Law if he
had died on the date of the filing of the plaint shall be stated
in the plaint,
(b) notice of the suit shall be served on such persons,
and
(c) such persons shall have the right to be heard in the
suit:
Notice to be
served on heirs of
the husband
when the where
about are known.
[Act No. XLVIII of 1952] 9
Provided that paternal uncle and brother of the husband
if any, shall be cited as party even if he or they are not heirs.
4. The renunciation of Islam by a married Muslim woman
or her conversion to a fai th other than Islam shall not by
itself operate to dissolve her marriage:
Provided that after such renunciation, or conver sion the
woman shall be entitled to obtain a decree for the
dissolution of her marriage on any of the grounds
mentioned in section (2):
Provided further that the provisions of this sec tion shall
not apply to a woman converted to Islam from some other
faith who re-embraces her former faith.
5. Nothing contained in this Act shall affect any right which
a married woman may have under Muslim Law to her dower
or any part thereof on the dissolutIon of her marriage.
ANNEXURE - E.
The Hindu Married Women ‟s Right to Separate
Residence and Maintenanc e Act, 1946 (XIX of 1946) as
modified by the aforesaid Schedule.
An Act to give Hindu married women a right to separate
residence and maintenance under certain circumstances.
WHEREAS it is expedient to provide for the right to
separate residence and maintenance under certain
circumstances in the case of Hindu married women;
It is hereby enacted as follows:-
1. (1) This Act may be ca lled the Hindu Married Womens
Right to Separate Residence and Maintenance Act, 1946.
Effect of
conversion to
another faith.
Rights to dower
not to be affected.
Short title and
extent.
10 [Act No. XLVIII of 1952]
(2) It extends to the whole of 15the Telangana area of the
State of Andhra Pradesh;
2. Notwithstanding any custom or law to the contrary, a
Hindu married woman shall be entitled to separate
residence and maintenance from her husband on one or
more of the following grounds, namely-
(1) if he is s uffering from any loathsome dis ease not
contracted from her;
(2) if he is guilty of such cruelty towards her as renders it
unsafe or undesirable for her to live with him.
(3) if he is guilty of desertion, that is to say, of
abandoning her without her consent or against her wish;
(4) if he marries again;
(5) if he ceases to be a Hindu by conversion to another
religion;
(6) if he keeps a concubine in the house or habi tually
resides with a concubine;
(7) for any other justifiable cause:
Provided that a Hindu married woman shall not be
entitled to separate residence and maintenance from her
husband if she is unchaste or ceases to be a Hindu by
change to another religion or fails without sufficient cause to
comply with a decree of a competent Court for the
restitution of conjugal rights.
15. For the words “the State of Hyderabad ” the words “the Hyderabad
area of the State of Andhra Pradesh ” were substituted by the A.P .A.O.
1957. Subsequently, those words were substituted by A.P Act IX of
1961.
Grounds for
claiming separate
residence and
maintenance.
[Act No. XLVIII of 1952] 11
3. When allowing a claim for separate residence and
maintenance under section 2, the Court shall
determine the amount to be paid by the husband to the wife
therefor, and in so doing shall have regard to the social
standing of the parties and the extent of the husband ‟s
means.
16[ANNEXURE - F * * ]
* * *
16. Annexure F. was omitted by the A.P.A.O., 1957.
Amount of
maintenance.