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The female court staff was denied maternity leave because she failed to produce a marriage certificate to prove her marriage
The Madras High Court recently set aside the rejection of maternity leave for a court staff member, calling the decision "inhuman" and directing the authorities to grant her leave along with full salary. Court also ordered a compensation of Rs 1 lakh for the mental agony caused by the denial.
The case involved B. Kavitha, an office assistant at the District Munsif-cum-Judicial Magistrate Court in Kodavasal, Thiruvarur district. Her maternity leave application was rejected on November 7, 2024, on the grounds that she had not produced a marriage certificate. The magistrate also questioned the timing of her pregnancy, suggesting that it occurred before her marriage.
Kavitha, a widow who remarried in April 2024, had applied for leave in October 2024 but was turned down despite providing photographs and a wedding invitation as evidence of her marriage. Her earlier complaint against her husband Bharathi, accusing him of deception before their eventual marriage, was also dismissed as insufficient proof.
A division bench of Justice R. Subramanian and Justice G. Arul Murugan condemned the rejection, stating that an employer cannot demand absolute proof of marriage unless it is disputed.
"In the days were even live in relationships are recognized by the Hon’ble Supreme Court, the learned District Munsif cum Judicial Magistrate, Kodavasal, appears to have taken archaic view of the matter and has fished fir and found out reasons for rejection of the application of the petitioner. This, in our opinion, is wholly unwarranted," the court observed.
The division bench criticized the magistrate for making unfounded assumptions about the pregnancy and noted that maternity leave cannot be denied based on such personal judgments. It also took exception to the Principal District Judge of Thiruvarur supporting the rejection. "We are unable to appreciate the mindset of the employer particularly in this case the Judicial Officers. It is high time, the Judicial Officers reform themselves and take pragmatic view of things", the bench said.
Setting aside the rejection order, the court directed the Principal District Judge to grant Kavitha maternity leave as per her entitlement. Any leave she had already taken since her application date will be considered maternity leave, and she will receive full salary for the period.
Additionally, the high court directed the Registrar General of the Madras High Court to circulate its order to all Principal District Judges, instructing them to ensure that similar unjust denials do not occur in the future.
Case Title: B. Kavitha Vs. The Registrar General, Madras High Court and Others
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