Point of law : To save a statute from being held ultra vires, the Court always has a power to read down a statutory provision. However, it is not permissible for the Court to add something to the statute or to subtract something from the statute while reading down the provision.

ORDER :

1. In this writ petition the petitioner has assailed the order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete, whereby he has set aside the gift deed dated 19.04.2017 executed in favour of the petitioner under Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2002 (hereinafter called as the ‘said Act’ for short).

2. The petitioner is a daughter-in-law of respondent No. 1. Respondent No. 1 has filed an application under Section 5 of the said Act before the Assistant Commissioner-2nd respondent for maintenance. The Assistant Commissioner by impugned order Annexure-F on 2.3.2020 has allowed the petition and set aside gift deed dated 19.4.2017 made in favour of the petitioner under Section 7(2) of the said Act. Being aggrieved by that order, the petitioner is before this Court.

3. Sri. Shivaraj S. Ballolli, learned counsel appearing for the 1st respondent and Sri. Kalsurmath, learned Government Pleader appearing for the 2nd respondent have submitted that the petitioner has alternative efficacious remedy of appeal under Section 16 of the said Act. In support of their contention, they relied on the judgment of the Delhi High Court disposed of on 5.3.2021 in case of Rakhi Sharma vs. State and Others wherein the High Court of Delhi has held that, Section 16 of the said Act confirm right of appeal on both side. Hence, they sought for dismissal of the writ petition.

4. Per contra, Sri. Manjunath G. Patil, learned counsel appearing for the petitioner has contended that the Madras High Court in W.P. No. 29988/2019 disposed of on 19.02.2021 between K. Raju vs. Union of India and Others has held that under Section 16 of the Act, only parents or the senior citizen can maintain appeal. Hence, he contended that the petitioner has no other alternative efficacious remedy much less under Section 16 of the said Act.

5. Heard Sri. Manjunath G. Patil, counsel for petitioner, Sri. Shivaraj S. Ballolli, counsel for respondent No. 1 and Sri. Kalasurmath, Government Pleader for respondent No. 2.

6. The point for consideration in this case is that, whether under Section 16(1) of the said Act, right of appeal is conferred on both side or only on a senior citizen or a parent?

7. The petitioner has relied on he judgment of the Madras High Court and the respondent has relied on the judgment of the Delhi High Court. The Apex Court in case of Valliamma Champaka Pillai vs. Sivathanu Pillai and Others, 1979 (4) SCC 429 has held that decision of other High Court at best have a persuasive effect and not the force of binding precedents.

8. Under this circumstances, I will examine the provisions of law under the said Act. The said Act has been enacted by the Parliament with an object to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matter connected therewith or incidental thereto. In Chapter I Section 2 elates to Definition clause. 2(a) defines children includes son, daughter, grandson and granddaughter but doe not include a minor. (b) maintenance includes provision for food, clothing, residence and medical attendance and treatment. (d) defines parents means father or a mother whether biologically or adaptive or step mother or step father, as the case may be whether or not the father or the mother is a senior citizen. Properties defined under (f) means property of any kind whether moveable or immoveable, ancestral or self acquired tangible or intangible and includes rights or interest in such property. Sub-Clause (h) defines senior any person being a senior citizen of Indian who has attainted the age of 60 years or above. Sub-Clause (j) defines tribunal means the maintenance tribunal constituted under Section 7. Chapter II relates to maintenance of parents and senior citizen. Section 4 relates for maintenance of parents and senior citizen. Section 5 relates to application for maintenance. The more relevant in