In a significant ruling, the Madras High Court has directed the Registrar General to compensate a woman with ₹1 lakh after she was unjustly denied maternity leave by a magistrate court.
A division bench of Justices R Subramanian and G Arul Murugan held that an employer cannot demand proof beyond a reasonable doubt of an employee’s marriage to grant maternity benefits, particularly when the marriage is undisputed. The court criticized the magistrate’s decision, calling it “inhumane” and “wholly unwarranted.”
The case involved B. Kavitha, an office assistant at a magistrate court in Tamil Nadu, who was denied maternity leave on the grounds that her marriage was not registered and that her pregnancy had occurred before marriage. The magistrate relied on an outdated perspective, disregarding the fact that live-in relationships are now legally recognized, the High Court noted.
The court observed that despite ample evidence—including wedding photos and an invitation—the magistrate seemed to have deliberately sought reasons to reject the leave application. It emphasized that maternity leave is a fundamental right for married women and that an employer should not impose excessive proof requirements unless the marriage itself is disputed.
Overruling the magistrate’s decision, the High Court ordered the Principal District Judge to approve Kavitha’s maternity leave and directed that the ₹1 lakh compensation be paid within four weeks for the mental distress caused by the ordeal.
Advocate K. Shivakumar represented the petitioner, while Advocate N.K. Kanthimathi appeared for the respondent.
