The Supreme Court of India on Thursday underlined the importance of language accessibility in judicial proceedings, noting that linguistic barriers faced by litigants cannot be overlooked casually.

While hearing a matrimonial transfer petition, the Apex court remarked that despite many people understanding English in Kerala, several may still prefer not to communicate in it while participating in judicial proceedings.

SC’s remark comes during matrimonial dispute

A bench of the Apex court comprising Justices Vikram Nath and Sandeep Mehta was hearing a plea seeking the transfer of matrimonial and child custody proceedings from Kerala to Punjab.

According to the case details, the couple got married in 2017 and relocated to the United Kingdom in 2023. However, after a marital discord, the husband allegedly returned to India with their minor kid and initiated divorce, as well as custody proceedings in Kerala.

Advocate Aljo Joseph, appearing on the husband’s behalf, opposed the transfer petition during the hearing and contended that there would be no practical difficulty in contesting the matter in Kerala. His counsel submitted before the court that everybody knows English in Kerala.

“It’s very difficult there,” remarks Justice Mehta

Responding to the argument, Justice Mehta disagreed, asserting, “It’s very difficult there. Don’t tell us. Even if they know English, they don’t want to speak.”

Meanwhile, Advocate Kunal R. Choksi, appearing for the wife, contended that his client, currently residing in the UK, was facing multiple challenges in participating in the legal proceedings in Kerala, including language-related barriers. The court observed that issues concerning linguistic accessibility cannot be sidelined merely because it is assumed that litigants understand English.

The husband also opposed the transfer request, outlining the ground that their child had been residing with him in Kerala for the past three years, and that shifting the proceedings to Punjab would create inconvenience for the kid. While the top court’s bench acknowledged the practical concerns related to the child’s travel and relocation, it ultimately sided with the wife’s contention that she had been unable to contest the proceedings effectively so far.

Proceedings shifted to Ludhiana

The Apex court, in its final order, approved the transfer plea and directed that pending matrimonial and custody proceedings be shifted from Kerala to a competent court in Punjab’s Ludhiana.