Language accessibility cannot be assumed: SC

New Delhi: The Supreme Court on Thursday observed that "language accessibility cannot be assumed" while hearing a plea filed by a woman seeking the transfer of custody and divorce proceedings initiated by her husband in Kerala to Punjab.

The observation was made by a bench comprising justices Vikram Nath and Sandeep Mehta.

Counsel for the husband, opposing the transfer plea, argued that there would be no difficulty in contesting the case in Kerala since "everybody knows English in Kerala".


In response, Justice Mehta orally remarked: "It's very difficult there. Don't tell us. Even if they know English, they don't want to speak it."

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The counsel further contended that "everybody knows English in Kerala. Kerala is a language-friendly state." The bench, however, underlined that language accessibility cannot be assumed.

In her plea, the wife, who is currently residing in the United Kingdom, sought the transfer of the proceedings from Kerala to Ludhiana. Her counsel submitted that she had been unable to effectively contest the proceedings due to multiple constraints, including language barriers. The counsel also pointed out that the wife's mother, who is representing her in India, faces similar difficulties.

Opposing the plea, the husband's counsel argued that the child had been living with the husband in Kerala for the past three years and that all proceedings should continue there. He further submitted that since the wife is based abroad, the choice of forum would not materially affect her.

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The argument, however, did not cut ice with the bench, which agreed to transfer the petition and directed that the pending proceedings be shifted from Kerala to a court in Ludhiana.