Madras High Court supports maternity leave for remarried woman

The Madras High Court has criticized a judicial magistrate for denying maternity leave to an office assistant who remarried after her first husband's death. The court called the magistrate's actions "inhuman." The issue arose when the office assistant applied for maternity leave after her second marriage. The magistrate questioned the marriage, stating there was no proof and even doubted the woman’s pregnancy, suggesting it occurred before the marriage. The court overturned the magistrate's decision and ordered the high court registrar-general to pay the woman Rs 1 lakh as compensation for the emotional distress caused. The justices emphasized that it is time for judicial officers to adopt a more modern perspective. The woman lost her first husband in 2020 and married again in 2024. She had applied for maternity leave on October 18, 2024, but her application was rejected because she could not provide a marriage certificate. Her lawyer argued that the marriage took place in a temple and was not registered due to her status as a young widow. The court stated that a marriage does not have to be officially registered for maternity leave to be granted. It also noted that employers should not require undoubted proof of marriage unless there is a dispute.