The Supreme Court on Thursday transferred a matrimonial and child custody dispute from Kerala to Ludhiana in Punjab after observing that language accessibility and effective participation in judicial proceedings cannot be presumed merely because parties may understand English.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while allowing a transfer petition filed by a woman currently residing in the United Kingdom. The petitioner sought transfer of pending divorce and child custody proceedings initiated by her husband before a court in Kerala.
During the hearing, the counsel appearing for the husband opposed the transfer plea and argued that there would be no language-related difficulty in conducting proceedings in Kerala, contending that English was widely understood in the State. The Bench, however, was not persuaded by the submission and observed that effective participation in legal proceedings involved practical language accessibility and not merely theoretical familiarity with English.
The Court observed that linguistic barriers faced by litigants and family members assisting them in legal proceedings could not be overlooked, particularly in sensitive matrimonial and custody disputes involving personal participation in proceedings.
Appearing for the petitioner-wife, Advocate Kunal R Choksi submitted that the woman had been unable to effectively contest the proceedings due to multiple logistical and linguistic constraints. It was further submitted that the petitioner’s mother, who was handling the litigation on her behalf in India, also faced difficulties in participating in court proceedings conducted in Kerala.
The Court was informed that the parties were married in 2017 and later shifted to the UK in 2023. Following matrimonial disputes, the husband returned to India with the minor child and instituted multiple proceedings in Kerala, including petitions relating to divorce and child custody.
Opposing the transfer, the husband argued that the minor child had been residing with him in Kerala for the last three years and that continuation of proceedings before courts in Kerala would serve the interests of convenience and continuity. It was also contended that since the wife was residing abroad, transfer of the proceedings to Punjab would not materially alter her position.
The Supreme Court, however, was not persuaded by the objections and observed that the petitioner’s inability to effectively participate in the proceedings was a significant factor warranting judicial intervention. The Bench noted that ensuring meaningful access to justice and procedural fairness was particularly important in custody disputes involving parental rights and the welfare of a minor child.
The Court also considered practical concerns relating to the child’s convenience and observed that repeated long-distance travel for court interaction may not be appropriate if the child were required to appear during the proceedings.
Allowing the transfer petition, the Supreme Court directed that all pending matrimonial and custody proceedings be transferred from the competent courts in Kerala to a court at Ludhiana in Punjab.
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