M. SUNITHA (VIDYASRI) Vs. M. SHASHIKALA MUGADURA

JUDGEMENT

(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 v. The 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.