In a significant ruling, the Madras High Court has ordered a compensation of ₹1 lakh for an office assistant who was unjustly denied maternity leave by a magistrate. The Court emphasized that an employer cannot demand proof of marriage beyond a reasonable doubt when granting maternity benefits.
A bench of Justices R Subramanian and G Arul Murugan strongly criticized the magistrate’s decision, calling it “inhuman” and “wholly unwarranted.” The Court observed:
“No doubt, maternity leave is granted to a married woman. A marriage need not be compulsorily registered. The employer cannot seek proof beyond doubt for the factum of marriage unless it is disputed.”
The case involved B Kavitha, an office assistant at the Kodavasal Magistrate Court. She was denied maternity leave on three grounds: her marriage was not registered, an FIR against her husband Bharathi for cheating did not prove their marriage, and her pregnancy occurred before marriage.
Dismissing these reasons, the High Court noted that despite available evidence, the magistrate seemed determined to reject Kavitha’s request. The Court remarked:
“The action of the learned District Munsif cum Judicial Magistrate, to say the least, is inhuman. In the days when even live-in relationships are recognized by the Hon’ble Supreme Court, the learned District Munsif cum Judicial Magistrate, Kodavasal, appears to have taken an archaic view of the matter.”
Kavitha had lost her first husband in 2020 and later married Bharathi in April 2024. Despite providing wedding photos and an invitation as proof, the magistrate chose to question her pregnancy instead of acknowledging the evidence.
Taking a firm stance, the High Court overturned the magistrate’s decision, directed the Principal District Judge to grant maternity leave, and ordered the Registrar General of the High Court to compensate Kavitha with ₹1 lakh for the distress caused. The compensation must be paid within four weeks.
This ruling reinforces the need for a practical approach in judicial decisions and underscores the protection of maternity rights in India.
Case: B Kavitha vs Registrar General – Available on LAWFYI.IO
