LEKHA THOMAS Vs. JERRY ALIAS THOMAS PHILIP

JUDGEMENT

(1.) THE petitioners are the wife and children of the respondent. THE marriage between the first petitioner and the respondent took place on 6.1.2003. THE children are residing with the mother at Thiruvananthapuram. THE respondent belongs to Chottanikkara in Ernakulam district.

(2.) THE first petitioner filed OP No.1139 of 2010 before the Family Court, Thiruvananthapuram against the respondent praying for divorce, maintenance and value of gold ornaments. It is stated that after OP No.1139 of 2010 was filed, the husband filed OP No.1927 of 2010 for custody of the children and OP No.1928 of 2010 for restitution of conjugal rights. THEse two petitions were filed before the Family Court, Ernakulam. THE prayer in this Transfer Petition is to transfer OP No.1928 of 2010 from the Family Court, Ernakulam to the Family Court, Thiruvananthapuram.

(3.) THE Transfer Petition is seriously opposed by the respondent. THE counsel for the respondent contended that when the respondent attended the Family Court, Thiruvananthapuram, there was threat from the side of the relatives of the first petitioner on two occasions. THE learned counsel for the petitioners submitted that no such averment was made in any of the proceedings and no complaint was filed anywhere. THE counsel for the petitioners submitted that the petitioners undertake not to give room for any such grievance and they undertake not to harass or threaten the respondent. This submission is recorded.