The Telangana (Application of Central Acts) Act, 1952

THE 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 Short title, extent of Central Acts) Act, 1952. and commencement. (2) It extends to the whole of the State of 2Telangana; (3) It shall come into force at once. 2. In this Act,- Definition. „appointed day‟ means the day on which this Act comes into force. 3. The following Acts, namely:- Application of Central Acts to *[the area to (a) The Hindu Inheritance (Removal of Disabilities) Act, which this Act 1928 (XII of 1928), extends.] 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. 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 respectively 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 Andhra Pradesh Adaptation of Laws Order, 1957. 4 [Act No. XLVIII of 1952] The Hindu Married Women‟s Rights 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 (Removal 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 classes 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:— Short title, extent 1. (1) This Act may be called the Hindu Inheritance and application. (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 substituted by A.P Act IX of 1961. 11. The entry relating to the Hindu Marriage Disabilities Removal Act, 1946 (XXVIII of 1946) were omitted by A.P.A.O., 1957. [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 Persons not to be contrary, no person governed by the Hindu Law, other than excluded from inheritance or a person who is and has been from birth a lunatic or idiot, rights in joint shall be excluded, from inheritance or from any right or family property. share in joint-family property by reason only of any disease, deformity or physical or mental defect. 3. Nothing contanned in this Act shall affect any right Saving and exception. which has accrued or any liability which has been incurred before the commencement thereto, 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 Dissolution of Muslim 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. 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 dissolution of marriage by women married under Musim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie; It is hereby enacted as follows:— Short title and 1. (1) This Act may be called the Dissolution of Muslim extent Marriages Act, 1939. (2) It extends to the whole of 14the Telangana area of the State of Andhra Pradesh. Grounds for 2. A woman married under Muslim Law shall be entitled to decree for obtain a decree for the dissolution of her marriage on any dissolution of one or more of the following grounds, namely:- marriage. (i) that the where abouts of the husband have not been known for a period of four years; (ii) that the hushand has 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. [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, repudiated the marriage before attaining 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 decree 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. Notice to be 3. In a suit to which clause (i) of section 2 applies— served on heirs of the husband (a) the names and addresses 0f the persons who would when the where have been the heirs of the husband under Muslim Law if he about are known. 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: [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 Effect of or her conversion to a faith other than Islam shall not by conversion to another faith. itself operate to dissolve her marriage: Provided that after such renunciation, or conversion 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 section 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 Rights to dower a married woman may have under Muslim Law to her dower not to be affected. or any part thereof on the dissolutIon of her marriage. ANNEXURE - E. The Hindu Married Women‟s Right to Separate Residence and Maintenance 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 called the Hindu Married Womens Short title and Right to Separate Residence and Maintenance Act, 1946. extent. 10 [Act No. XLVIII of 1952] (2) It extends to the whole of 15the Telangana area of the State of Andhra Pradesh; Grounds for 2. Notwithstanding any custom or law to the contrary, a claiming separate Hindu married woman shall be entitled to separate residence and residence and maintenance from her husband on one or maintenance. more of the following grounds, namely- (1) if he is suffering from any loathsome disease 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 habitually 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. [Act No. XLVIII of 1952] 11 3. When allowing a claim for separate residence and Amount of maintenance under section 2, the Court shall maintenance. 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.