Language accessibility cannot be assumed: SC
The observation was made by a panel comprising justices Vikram Nath and Sandeep Mehta.
Opposing the transfer request, the husband’s lawyer argued that there would be no difficulty in contesting the case in Kerala as “everyone in Kerala speaks English”.
In response, Judge Mehta verbally said: “It’s very difficult there. Don’t tell us. Even if they know English, they don’t want to talk.”
The lawyer also claimed that “everyone in Kerala speaks English. Kerala is a language-friendly state.” However, the board emphasized that language accessibility cannot be assumed.
In his plea, his wife, who is currently residing in the United Kingdom, sought transfer of the proceedings from Kerala to Ludhiana. His lawyer argued that he was unable to effectively challenge the proceedings due to many restrictions, including a language barrier. The lawyer also pointed out that the mother of the woman representing him in India was facing similar difficulties.
Opposing the claim, the husband’s lawyer argued that the child had been living in Kerala with her husband for the last three years and all proceedings should continue there. He also argued that since his wife resides abroad, the choice of forum would not materially affect him.
However, the allegation did not cut the 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.
