The Supreme Court of India on Thursday observed that language accessibility in courts cannot be taken for granted, while hearing a plea seeking transfer of matrimonial and custody proceedings from Kerala to Punjab.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta made the remarks during the hearing of a transfer petition filed by a woman seeking to shift divorce and child custody proceedings from Kerala to Ludhiana.

Appearing for the husband, Advocate Aljo Joseph opposed the transfer plea and argued that there would be no difficulty in contesting the matter in Kerala.

“Everybody knows English in Kerala,” the counsel submitted before the Court.

Justice Sandeep Mehta, however, disagreed with the contention and remarked:

“It’s very difficult there. Don’t tell us. Even if they know English, they don’t want to speak.”

The Court emphasized that language accessibility issues faced by litigants cannot be casually ignored merely on the assumption that people understand English.

Counsel for the wife, Advocate Kunal R. Choksi, argued that his client, who is presently residing in the United Kingdom, has been unable to effectively participate in the proceedings due to several constraints, including language barriers. It was also submitted that the woman’s mother, who has been representing her in India, faces similar difficulties in Kerala courts.

During the hearing, the Court was informed that the couple got married in 2017 and later shifted to the United Kingdom in 2023. Following matrimonial disputes, the husband allegedly returned to India with their minor child and initiated custody and divorce proceedings in Kerala.

The husband opposed the transfer, stating that the child has been residing with him in Kerala for the last three years and argued that shifting the case would inconvenience the child.

The Bench also considered practical concerns regarding the child’s travel and interaction with the Court. However, it ultimately held that the wife had not been able to effectively contest the proceedings so far, which weighed significantly in deciding the matter.

The Supreme Court eventually allowed the transfer plea and directed that the pending proceedings be transferred from Kerala to a competent court in Ludhiana.