The High Court has held that the right of appeal, arising out of provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2002, lies before the appellate authority and not before the High Court.
The court said that if common appellate authority is not approached it results in a situation of one set of aggrieved persons preferring appeal before the appellate authority while the other approaches the High Court.
The petitioner possessed a property by way of a gift deed executed in her favour in 2017.
The mother-in-law of the petitioner filed an application for maintenance under the Act.
The Assistant Commissioner of Hosapete in Ballari district in March 2020 not only set aside the gift deed, but also directed that the property be re-registered jointly in the names of the petitioner and her mother-in-law.
The petitioner moved the High Court challenging this order, citing Section 16 of the Act which stipulates that only parents or the senior citizen can maintain an appeal before the appellate.
Justice H T Narendra Prasad said that a combined reading of sections 15 and 16 reveals that nowhere in section 15 it is mentioned that appeal against the order of the tribunal is confined to a senior citizen or a parent.
The court said that it is a case of an accidental omission and not a conscious exclusion.
The court interpreted that the right of appeal under section 16 (1) of the Act is conferred on both sides. The court always has a power to read down a statutory provision to save a statute from being held ultra vires.
However, it is not permissible to add something to the statute or to subtract something from the statute while reading down the provision, the court said, citing a Supreme Court judgment.
The court disposed of the petition with liberty to the petitioner to file an appeal before the appellate authority.
The authority has been directed to dispose of the appeal not later than three months from the date of receipt of certified copy of the order.
“The Revenue Secretary, Government of Karnataka, is directed to communicate this order to all the Maintenance Tribunals and Appellate Tribunals,” the court said.
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