Maintenance proceedings may be transferred to the forum of connected matrimonial proceedings considering the petitioner’s serious illness.

The petitioner-husband and the first respondent-wife were married on 26 January 2011 according to Hindu rites and customs, and they have two minor children.

Owing to matrimonial differences, the parties began living separately, and the wife instituted a maintenance proceeding in M.C.No.53 of 2025 before the Judicial Magistrate, Ambattur.

The petitioner had earlier instituted H.M.O.P.No.15 of 2024 for divorce before the Family Court, Pudukkottai.

On the wife’s transfer petition, that proceeding was transferred by the High Court to the Family Court, Tiruchirappalli, considering the petitioner’s medical condition.

The petitioner claimed that he was suffering from blood cancer and was unable to travel approximately 370 kilometres to Ambattur or undertake employment.

He therefore sought transfer of the maintenance case to the Family Court, Tiruchirappalli under Section 24 of the Code of Civil Procedure.

Although notice was served, the respondents did not appear or contest the transfer petition.

Whether M.C.No.53 of 2025 pending before the Judicial Magistrate, Ambattur should be withdrawn and transferred to the Family Court, Tiruchirappalli under Section 24 CPC, having regard to the petitioner’s medical condition and the circumstances of the pending matrimonial litigation.

Whether the petitioner’s allegations concerning the matrimonial dispute were relevant to the determination of the transfer petition.

The Court applied Section 24 of the Code of Civil Procedure, which empowers the High Court to transfer or withdraw a pending proceeding where such transfer is considered appropriate in the interests of justice.

In exercising this discretionary jurisdiction, the Court considered the parties’ relationship, the convenience and ability of the litigant to attend proceedings, the pendency of connected matrimonial litigation, and the overall circumstances of the case.

The Court also recognised that disputed allegations relating to the merits of the matrimonial controversy are not to be adjudicated in a transfer proceeding.

The Court found that the petitioner’s medical condition was supported by medical records and had already been accepted as a relevant consideration in the earlier transfer of the divorce proceeding to the Family Court, Tiruchirappalli.

His claimed inability to travel to Ambattur, coupled with the considerable distance and his inability to work, justified considering his convenience and health in determining the appropriate forum.

The respondents did not appear despite service and therefore placed no contrary circumstances before the Court.

The Court declined to examine the petitioner’s allegation that the first respondent had left the matrimonial home without justification, holding that such merits-based allegations were outside the scope of a transfer petition.

Since the connected divorce proceeding was already pending before the Family Court, Tiruchirappalli, and the petitioner’s health condition warranted relief, the Court considered the transfer to be justified in the interests of justice.

The Judicial Magistrate, Ambattur was directed to transmit the complete records to the transferee Court within two weeks from receipt of the order.

No costs were awarded, and the connected C.M.P.(MD) No.16339 of 2025 was closed.