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, namely, Suvarna Rajendra Deokule (wife of the Applicant/Appellant) filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty, being Petition No. A-75/12. In this Petition she also prayed for permanent alimony for herself and for her children. The Applicant herein (original Appellant) also filed a petition for custody of the children being Petition No. D-22/12. After evidence was led by both parties, both these Petitions were disposed of by a common Judgment and Order dated 16th July, 2016 by the Family Court, Mumbai at Bandra. By the impugned order the Petition filed by the wife- Suvarna for divorce was allowed and the marriage solemnized between the Applicant herein and Respondent No. 1 was dissolved by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The prayer of the wife for permanent alimony/ maintenance for herself was rejected by the Family Court. The Family Court further ordered that the Applicant herein was to pay maintenance @ Rs. 10,000/- per month each to both the children from the date of the impugned order. It was clarified that the amount awarded was inclusive of and not in addition to the amount awarded in favour of the children in any other proceedings.

3. As far as the Petition for custody of the children filed by the Applicant herein is concerned, the same was rejected by the Family Court. However, access was granted to the Applicant herein for the minor son on the first and third Saturday of every month between 2.00 p.m. to 5.00 p.m. at the Children Complex, Family Court, Bandra, under the supervision of a Marriage Counsellor. It is aggrieved by this common order dated 16th July, 2016 that the above Family Court Appeal No. 194 of 2016 was filed by the Applicant herein (the husband) inter-alia questioning the decree of divorce in favour of the wife and further granting maintenance @ Rs. 10,000/- per month each to both the children. As far as the rejection of the Applicant's Petition for custody is concerned, the same has not been challenged by the Applicant-husband.

4. In this factual backdrop, the only contention that has been canvassed before us in this Civil Application by Mr. Hegde, the learned advocate appearing on behalf of the Applicant, is that since the daughter-Mansi was a major on the date of passing of the impugned order, the Trial Court could not have awarded maintenance for her. In this regard he placed reliance on Section 26 of the Hindu Marriage Act, 1955 and contended that in any proceedings under the said Act, the Court may from time to time make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children. He submitted that the Section was ex-facie clear that mai