Supreme Court Addresses Language Barriers in Kerala Courts Amid Custody Case
‘Even If They Know English, Many Don’t Want To...’: SC On Language Barriers In Kerala Courts

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The Supreme Court of India highlighted language accessibility issues in Kerala courts, noting that many individuals, despite knowing English, prefer not to speak it. This observation arose during a custody case involving a couple who moved to the UK but faced legal proceedings in Kerala. The court ultimately allowed the transfer of the case to Ludhiana, Punjab.
- 01Justice Sandeep Mehta emphasized the difficulty of communicating in English in Kerala courts, despite the widespread knowledge of the language.
- 02The case involved a couple married in 2017, who later moved to the UK, with custody disputes arising after the husband returned to India with their child.
- 03The husband's lawyer claimed that everyone in Kerala knows English, a statement the court found misleading.
- 04The wife's lawyer argued that language barriers hindered her ability to participate effectively in the proceedings.
- 05The Supreme Court ruled in favor of transferring the case to Ludhiana, considering the wife's challenges in contesting the proceedings in Kerala.
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During a recent hearing, the Supreme Court of India addressed the significant language barriers present in Kerala courts, particularly in the context of a custody and divorce case. The case involved a couple married in 2017 who relocated to the UK in 2023. Following matrimonial disputes, the husband returned to India with their minor child and initiated legal proceedings in Kerala. The husband's advocate, Aljo Joseph, argued that language would not pose a problem, asserting that 'everybody knows English in Kerala.' However, Justice Sandeep Mehta countered this claim, stating, 'It’s very difficult there. Don’t tell us. Even if they know English, they don’t want to speak.' The wife's lawyer, Kunal R. Choksi, highlighted that his client faced significant challenges in participating in the proceedings due to these language barriers. Ultimately, the Supreme Court acknowledged the importance of language accessibility and ruled to transfer the case from Kerala to a competent court in Ludhiana, Punjab, allowing the wife a fair opportunity to contest the proceedings.
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The ruling may encourage other litigants facing similar language barriers to seek transfers to more accessible courts, potentially influencing legal proceedings across India.
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