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2018 Supreme(Bom) 504

K.K.TATED, B.P.COLABAWALLA
Rajendra Mahadeo Deokule – Appellant
Versus
Suvarna Rajendra Deokule – Respondent


Advocates Appeared:
For the Applicant : G.R. Hegde.
For the Respondents: Seema Sarnaik, Vikram Walawalakar, G.D. Shinde.

JUDGMENT :

B.P. COLABAWALLA, J.

1. This Civil Application has been filed by the Applicant (original Appellant) for stay of the impugned order dated 16th July, 2016, insofar as it relates to payment of maintenance of Rs. 10,000/- per month to the unmarried daughter of the Applicant, namely, Ms. Mansi Rajendra Deokule (Respondent No. 2 to the Application). It is not in dispute that the unmarried daughter-Mansi is a major. The further direction that is sought is for refund of Rs. 50,000/- wrongly paid by the Applicant towards the monthly maintenance of his unmarried daughter-Mansi. The basic and only ground of challenge and for seeking a stay of the impugned order in this Application is that on the date of passing of the impugned order (namely 16th July, 2016), Ms. Mansi was a major (that is above the age of 18 years), and therefore, no maintenance could have been awarded for her under Section 26 of the Hindu Marriage Act, 1955. According to the learned advocate appearing on behalf of the Applicant (original Appellant), maintenance under Section 26 of the Hindu Marriage Act, 1955 can only be granted for the minor children.

2. The brief facts in a nutshell are that Respondent No. 1 herein














































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