1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.102 OF 2008 Smt.Manisha M Satam : Applicant. Versus Madhukar A Satam : Respondent. Smt.Manisha M Satam Applicant in person. Shri Pankaj J Das and Shri Ganesh Sovani for the Respondent. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 27, 2009 P.C. 1. The above Misc. Civil Application has been filed by the Applicant above named claiming multifarious reliefs in terms of prayer clauses (a) to (j). Each of the said reliefs are therefore considered in the context of whether such reliefs could be granted in the above Misc. Civil Application. 2. Prayer clause (a) is in respect of the order dated 17th March 2008 disposing of the Regular Darkhast No.57 of 2006. The said Darkasht was filed for executing the order passed in Special Civil Suit 2 No.526 of 2006 granting maintenance to the Applicant and the two children who are admittedly major today. The children had filed an Application before the Court who passed the order of maintenance for abandoning their claim. In my view, if the Petitioner is aggrieved by the said order passed by the Executing Court disposing of the said Darkhast, the above Misc. Civil Application is not the proper remedy and the Petitioner ought to file appropriate proceedings challenging the said order. 3. In so far as prayer clause (b) is concerned, it is ancillary to prayer clause (a) and hence the above Misc. Civil Application is not the proper remedy. 4. In so far as prayer clause (c) the Petitioner seeks custody of the children. Both the children are admittedly major today, they are, therefore, entitled to take their own decision as to with whom they desire to stay. The said prayer in my view is therefore misconceived in so far as the above Misc. Civil Application is concerned. 3 5. In so far as prayer clause (d) is concerned, the Petitioner prays for enhancement of the maintenance to the extent of Rs.30,000/- per month. In view of the fact that the Special Civil Suit No.526 of 2006 filed by the Petitioner for maintenance is pending, it would be open for the Petitioner to move the concerned Court for the said relief. 6. In so far as prayer clause (e) is concerned, the Petitioner is seeking payment of Rs.Five lakhs towards higher education expenditure of the children Megha and Manish as also seeking payment of Rs.4,14,000/- towards certain balance amount in Special Civil Suit No.526 of 2006 as also Rs.10,000/- allegedly towards certain balance amount in Special Civil Suit No.58 of 2006. The said prayer is also misconceived in so far as the above Misc. Civil Application is concerned. 7. In so far as prayer clause (f) is concerned, the Applicant is seeking a direction to enroll her name as a nominee in the record of residential flat situated at 3/14, Balaji Shraddha Nandivali Road, 4 Dombivli (E). The said prayer cannot be entertained in the above Misc. Civil Application. 8. By way of prayer clause (g), the Applicant is seeking a stay on all the moveable and immoveable properties. The said prayer is totally vague and in any event is not maintainable in the Misc. Civil Application. 9. In so far as prayer clause (h) is concerned,, the Applicant is seeking an action against the alleged injustice caused to the children. In my view, the said prayer is misconceived in so far as the above Misc. Civil Application is concerned. 10. In so far as prayer clause (i) is concerned, the Applicant is seeking transfer of various proceedings from the Court of the learned Civil Judge, Senior Division, Thane to the Court at Kalyan. No grounds have been mentioned why such transfer is sought. Hence the said prayer cannot be considered. 5 11. Lastly, by way of prayer clause (j), the Applicant is seeking a direction for payment of Rs.25,000/- towards costs of the present case. In my view, the facts and circumstances of the present case do not warrant the grant of costs to the Applicant. 12. In that view of the matter, no case for entertaining the above Misc. Civil Application is made out. The same is accordingly dismissed. [R.M.SAVANT, J]