The Madras High Court has quashed the rejection of maternity leave for a court staff member, terming the decision "inhuman" and directing authorities to grant her leave with full salary. Additionally, the court ordered a compensation of Rs 1 lakh for the mental anguish caused by the denial.

The case revolved around B. Kavitha, an office assistant at the District Munsif-cum-Judicial Magistrate Court in Kodavasal, Thiruvarur district. Her application for maternity leave, submitted in October 2024, was denied on November 7, 2024, on the grounds that she had not produced a marriage certificate.

The magistrate also questioned the timing of her pregnancy, insinuating that it preceded her marriage.

Kavitha, a widow who remarried in April 2024, had provided photographs and a wedding invitation as proof of her marriage. Despite this, her request was denied. She had previously filed a complaint against her husband, Bharathi, alleging deception before their eventual marriage, but this was deemed insufficient proof.

A division bench comprising Justice R. Subramanian and Justice G. Arul Murugan strongly condemned the rejection, asserting that an employer cannot demand absolute proof of marriage unless it is disputed.

"In an era where 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 and has sought out reasons to reject the petitioner’s application. This, in our opinion, is wholly unwarranted," the court observed.

The bench criticized the magistrate for making unfounded assumptions about the pregnancy and emphasized that maternity leave cannot be denied based on personal judgments. It also took exception to the Principal District Judge of Thiruvarur for upholding the rejection. "We are unable to comprehend the mindset of the employer, particularly in this case, the Judicial Officers. It is high time that Judicial Officers reform themselves and adopt a pragmatic approach," the bench remarked.

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 availed since her application would be considered maternity leave, and she would receive her full salary for the period.

Furthermore, the high court instructed the Registrar General of the Madras High Court to circulate its order to all Principal District Judges, ensuring that similar unjust denials do not occur in the future.

Case Title: B. Kavitha Vs. The Registrar General, Madras High Court and Others