Husband Has Blood Cancer, Still Needs To Travel 370 km Regularly For Wife’s Maintenance Case: Madras HC Transfers Case
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Editorial DeskTAMIL NADU: The Madras High Court has transferred a maintenance case filed by a wife and her two children from the Judicial Magistrate Court, Ambattur, to the Family Court, Tiruchirappalli, after considering the husband’s blood cancer, serious health condition and difficulty in travelling around 370 km for the proceedings.
Justice P. Vadamalai passed the order in a transfer petition filed by the husband under Section 24 of the Code of Civil Procedure, 1908. The court reserved the order on September 10, 2026, and pronounced it on September 24, 2026.
Husband and Wife were married on January 26, 2011, at Pudukkottai according to Hindu rites and customs. They have two children. Due to differences between the couple, they started living separately. The wife and children later filed M.C. No.53 of 2025, a maintenance case before the Judicial Magistrate Court at Ambattur.
According to the husband, the couple had lived in Singapore after marriage. He was subsequently diagnosed with blood cancer, returned to India and underwent treatment. He had also filed HMOP No.15 of 2024 seeking divorce before the Family Court at Pudukkottai.
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The wife had earlier approached the High Court through Tr.C.M.P. No.413 of 2024, seeking transfer of the divorce case from Pudukkottai to Chennai. However, after considering the husband’s blood cancer and health condition, the High Court had instead transferred that proceeding to the Family Court, Tiruchirappalli. No appeal was filed against that transfer order.
The husband then approached the High Court regarding the maintenance proceedings pending at Ambattur. His counsel submitted that, as a blood cancer patient, travelling approximately 370 km from his native place to Ambattur was difficult. He further submitted that he was unable to work and was not earning at present.
The Court also considered the seriousness of his condition. His counsel submitted that the husband “has blood cancer and is unable to walk for even 5 minutes, and he has not been cured 100%.”
The High Court examined the record of the earlier transfer proceedings and found that the previous order supported the husband’s version regarding his health. The husband had also produced a medical record showing that he was suffering from a haematological issue.
Significantly, although the wife had been served with notice in the present transfer petition, she did not appear before the High Court or place any contrary facts on record.
The husband had also alleged that his wife left the matrimonial home without any reason. However, the High Court made it clear that the merits of the matrimonial dispute were outside the scope of the transfer petition. The Court observed:
“The allegation of the petitioner cannot be looked into in this petition, as this petition is filed only for transfer of case.”
Considering the husband’s documented medical condition, the earlier transfer order and the absence of any contrary material from the wife, the High Court held that the petition deserved to be allowed. The ruling is significant because transfer proceedings in matrimonial cases cannot be viewed only through one spouse’s convenience; serious, medically supported hardship faced by a husband can also require judicial accommodation.
Accordingly, the High Court withdrew M.C. No.53 of 2025 from the Judicial Magistrate Court, Ambattur, and transferred it to the Family Court, Tiruchirappalli. The Ambattur court was directed to send the complete case record to the transferee court within two weeks of receiving the High Court’s order. No costs were imposed
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law/Section | What It Means | Application In This Case |
|---|---|---|
| Section 24, Code of Civil Procedure, 1908 (CPC) | Gives the High Court or District Court power to transfer or withdraw a case from one competent subordinate court and transfer it to another competent court. | The husband filed the present transfer petition under Section 24 CPC, seeking transfer of M.C. No.53 of 2025 from the Judicial Magistrate Court, Ambattur to the Family Court, Tiruchirappalli. |
| Maintenance Proceedings – M.C. No.53 of 2025 | Proceedings in which the wife and children sought maintenance. The order does not specify the statutory provision under which the wife filed this maintenance petition. | The wife and two children filed the maintenance case before the Judicial Magistrate Court, Ambattur. |
| Transfer of Maintenance Case | A court may transfer proceedings where the facts justify shifting the matter to another competent court. | The husband relied on his blood cancer, difficulty in travelling approximately 370 km, inability to work and lack of current earnings. |
| Earlier Transfer Petition – Tr.C.M.P. No.413 of 2024 | An earlier transfer proceeding concerning the parties’ pending divorce case. | The wife had sought transfer of the husband's divorce case to Chennai. Considering the husband's blood cancer and health condition, the High Court instead transferred the divorce proceeding from Pudukkottai to the Family Court, Tiruchirappalli. |
| HMOP No.15 of 2024 | The matrimonial proceeding in which the husband sought divorce. | Originally filed before the Family Court, Pudukkottai, it had already been transferred to the Family Court, Tiruchirappalli. |
| Medical Hardship Considered For Transfer | The Court can consider relevant practical hardship while deciding whether transfer is justified. | The husband's counsel stated that he had blood cancer, could not walk even for five minutes and had not recovered completely. Medical records also showed a hematological issue. |
CASE DETAILS
| PARTICULAR | DETAILS |
|---|---|
| Case Title | S. Manikandan v. R. Vasantha Kumari & Ors. |
| Court | Madurai Bench of Madras High Court |
| Bench | Justice P. Vadamalai |
| Case Number | Tr.C.M.P.(MD) No.581 of 2025 |
| Connected Application | C.M.P.(MD) No.16339 of 2025 |
| CNR Number | HCMD011348612025 |
| Petitioner | S. Manikandan |
| Respondents | R. Vasantha Kumari and two minor children |
| Counsel for Petitioner/Husband | Mr. S.M. Mohan Gandhi |
| Counsel for Respondents | No Appearance |
| Reserved On | September 10, 2026 |
| Pronounced On | September 24, 2026 |
| Maintenance Case | M.C. No.53 of 2025 |
| Divorce Case | HMOP No.15 of 2024 |
| Earlier Transfer Petition | Tr.C.M.P. No.413 of 2024 |
| Case Sought To Be Transferred From | Judicial Magistrate Court, Ambattur |
| Transferred To | Family Court, Tiruchirappalli |
| Result | Transfer petition allowed; M.C. No.53/2025 transferred to Family Court, Tiruchirappalli |
KEY TAKEAWAYS
- Husband’s health matters too: The Court considered his blood cancer and serious difficulty in travelling.
- 370 km for a maintenance case: The husband faced travelling around 370 km to contest the proceedings.
- Unable to walk even 5 minutes: His counsel told the Court that he could not walk even for five minutes and had not fully recovered.
- Medical records supported him: The Court noted medical material showing that the husband suffered from a haematological issue.
- High Court gave relief: The maintenance case was transferred from Ambattur to the Family Court, Tiruchirappalli.
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