‘Even If They Know English, Many Don’t Want To...’: SC On Language Barriers In Kerala Courts

Last Updated:May 21, 2026, 19:53 IST

Supreme Court highlights 'language difficulties' in Kerala courts, allows transfer of a UK-based wife’s matrimonial and custody case from Kerala to Ludhiana.

The Supreme Court on Thursday observed that language accessibility in courts cannot be taken for granted while pointing out that in Kerala “even if they know English, they don’t want to speak".

A bench of Justice Vikram Nath and Justice Sandeep Mehta was hearing a plea seeking transfer of matrimonial and custody proceedings from Kerala to Punjab.

The couple were married in 2017 and later shifted to the UK in 2023. However, after matrimonial disputes the husband allegedly returned to India with the minor child and initiated custody and divorce proceedings in Kerala.

At the hearing, the husband’s advocate Aljo Joseph opposed the transfer plea saying that there would be no difficulty in contesting the matter in Kerala. “Everybody knows English in Kerala," the counsel submitted before the Court.

In response, Justice Mehta disagreed to the contention and said: “It’s very difficult there. Don’t tell us. Even if they know English, they don’t want to speak."

However, the counsel for the wife, Advocate Kunal R. Choksi, argued that his client, who is residing in the UK, was unable to effectively participate in the proceedings due to several constraints, including language barriers.

According to The Law Advice, the court emphasised that language accessibility issues faced by litigants cannot be casually ignored merely on the assumption that people understand English.

During the hearing, the husband had also opposed the transfer of their child, saying 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.

In response, though the Bench considered practical concerns regarding the child’s travel, it sided with the wife being unable to effectively contest the proceedings so far.

The SC, in its order, allowed the transfer plea of pending proceedings from Kerala to a competent court in Ludhiana.

News india ‘Even If They Know English, Many Don’t Want To...’: SC On Language Barriers In Kerala Courts

Read More