Case Note & Summary
The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 2016 passed by the Family Court, insofar as it directed payment of maintenance of Rs.10,000 per month to his unmarried daughter, Mansi Rajendra Deokule (Respondent No.2). The applicant also sought refund of Rs.50,000 already paid towards such maintenance. The core legal issue was whether maintenance could be awarded to a major unmarried daughter under Section 26 of the Hindu Marriage Act, 1955. The applicant argued that Section 26 only applies to minor children, and since Mansi was a major (above 18 years) on the date of the impugned order, no maintenance could be granted under that provision. The respondents opposed the application. The High Court, after hearing both sides, held that Section 26 of the Hindu Marriage Act, 1955 is confined to minor children and cannot be extended to major children. Consequently, the Court stayed the direction for payment of maintenance to the major daughter and directed refund of the amount already paid. The decision was rendered by a Division Bench of the Bombay High Court on 3rd April 2018.
Headnote
A) Hindu Law - Maintenance - Major Unmarried Daughter - Section 26 Hindu Marriage Act, 1955 - The issue was whether maintenance can be awarded to a major unmarried daughter under Section 26 of the Hindu Marriage Act, 1955. The Court held that Section 26 only applies to minor children and cannot be invoked for major children, even if unmarried. The impugned order granting maintenance of Rs.10,000 per month to the major daughter was stayed. (Paras 1-2)
Issue of Consideration
Whether maintenance can be awarded to a major unmarried daughter under Section 26 of the Hindu Marriage Act, 1955
Final Decision
The Court allowed the Civil Application, stayed the direction for payment of maintenance of Rs.10,000 per month to the major unmarried daughter, and directed refund of Rs.50,000 already paid by the applicant towards such maintenance.
Law Points
- Section 26 of Hindu Marriage Act
- 1955 applies only to minor children
- not major children
- maintenance to major unmarried daughter not permissible under Section 26
