S TAMIZHVANI Vs. C JOHNSON ALIAS VINAYAGAMOORTHY

JUDGEMENT

(1.) THE petitioner/wife has filed the present Tr.C.M.P. praying for an issuance of an order by this Court to withdraw the H.M.O.P.No.35 of 2008 pending on the file of Fast Track Court at Ponneri and to transfer the same to the II Additional Family Court, Chennai.

(2.) THE petitioner/wife's marriage has taken place on 21.04.1994 as per Hindu Rites and Custom. At the time of her marriage, the respondent/husband has been serving in Indian Army as Nayak. THE petitioner/wife is now in employment as Junior Engineer in the Tamil Nadu Electricity Board. THE respondent/husband after his stint with the Indian Army is now serving as a Security Officer in a private company. As a result of the wedlock, the petitioner has two issues through the respondent/husband. THE petitioner/wife's children are studying in 8th standard and 4th standard respectively.

(3.) THE learned counsel for the petitioner/wife brings it to the notice of this Court that on 17.09.2007 counter has been filed in H.M.O.P.No.35 of 2008 before the Sub Court, Ponneri and immediately the said case has been transferred to Fast Track Court at Ponneri and that the very transfer of the case for trial before the Fast Track Court without conducting any counseling for union is a vitiated one and that the petitioner/wife has filed maintenance case, M.C.No.466 of 2008 now pending on the file of II Additional Family Court at Chennai and therefore, it is equitable for this Court to order the transfer CMP in the interest of justice.