Not compulsory to register marriage to get maternity leave, says Madras HC
It is high time, the judicial officers reform themselves and take pragmatic view of things, in the days even, the live in relationship is recognised by the Apex Court.;
Madras High Court (File)
CHENNAI: Registration of marriage is not necessary for granting maternity leave, the Madras High Court held while ordering Rs 1 lakh compensation to a court staff for denying her maternity leave on the ground that her marriage was not registered.
It is time judicial officers reformed themselves and took a pragmatic view of things. In today’s time, when even live-in relationships are recognised by the Supreme Court, the district munsif cum judicial magistrate of Kodavasal rejected a maternity leave application as the applicant got pregnant before her marriage was registered. It is inhuman and wholly unwarranted, held a division bench of Justices R Subramanian and G Arul Murugan.
"No doubt maternity leave can be availed of only by married women, but the employer is not expected to seek proof beyond the doubt of the factum of marriage," wrote the bench.
The HC directed the principal district judge, Thiruvarur, to grant maternity leave to the applicant and that any leave taken by her during the maternity period should be considered as maternity leave and she should be paid for those days as well.
Further, the bench directed the registry to pay Rs 1 lakh as compensation to the applicant for the mental agony she suffered, and the compensation should be paid within four weeks, ordered the bench.
The applicant B Kavitha working as an office assistant in district munsif cum judicial magistrate court, Kodavasal, applied for a maternity leave; however, it was rejected by the judicial magistrate and upheld by the principal district judge, Thiruvarur.
The application was rejected on the ground that her marriage was not registered and she got pregnant before the marriage.
According to the case file, the applicant Kavitha lost her husband in 2020. She later developed a relationship with her friend Bharathi, and got pregnant. But Bharathi refused to marry her, leading her to lodge a case against him. After mediators intervened, he agreed to marry her. Their marriage was solemnised by family members from both sides in April 2024 at a temple. However, without considering these facts, her maternity leave application was rejected by the district munsif cum judicial magistrate.