The Supreme Court on Thursday witnessed an exchange over the question of language accessibility in courts, firmly rejecting the contention that everybody knows English in Kerala.

A Bench of Justices Vikram Nath and Sandeep Mehta was hearing a petition filed by a woman seeking to transfer custody and divorce proceedings filed by her husband in Kerala to Punjab.

During the hearing, advocate Aljo Joseph, appearing for the husband, strongly opposed the transfer plea.

He argued that there would be no difficulty in contesting the case in Kerala.

"Everybody knows English in Kerala," Joseph said.

Justice Mehta, however, pushed back firmly.

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

Joseph further contended that,

"Everybody knows English in Kerala. Kerala is a language-friendly State."

The Court underscored that language accessibility cannot be assumed.

The plea had been filed on behalf of the wife, who is currently residing in the United Kingdom, seeking transfer of the proceedings from Kerala to Ludhiana.

Appearing for the petitioner-wife, Advocate Kunal R Choksi submitted that his client has been unable to effectively contest the proceedings due to multiple constraints, including language difficulties. It was also pointed out that her mother, who is contesting the case on behalf of her in India, faces similar difficulties.

The Court was told that the couple married in 2017 and lived together until 2023, when they moved to the UK. The relationship subsequently broke down, following which the husband returned to India with their minor child and initiated several proceedings in Kerala, including for custody and divorce.

The husband opposed the plea, arguing that the child has been living with him in Kerala for the past three years and that all proceedings ought to continue there. He also contended that since the wife is based abroad, the choice of forum would not materially affect her.

The Bench, however, was not persuaded. It noted that the wife had not been able to participate effectively in the proceedings so far and indicated that this was a significant factor, particularly in a custody dispute.

During the hearing, the Court also weighed practical concerns, including the inconvenience of requiring the child to travel if the matter were transferred. It observed that if it were to interact with the child, it would not be appropriate to expect frequent long-distance travel.

Ultimately, the Court agreed to transfer the petition and directed that the pending proceedings be shifted from Kerala to a court in Ludhiana.

[Read Live Coverage]