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HIGH COURT OF MADRAS
R. Subramanian, G. Arul Murugan, JJ
B. Kavitha – Appellant
Versus
Registrar General, Madras High Court – Respondent
ORDER :
R. SUBRAMANIAN, J.
Challenge in this Writ Petition is to the proceedings of the learned District Munsif cum Judicial Magistrate, Kodavasal dated 07.11.2024, wherein the application for maternity leave of the petitioner was rejected.
2. The petitioner, who was working as an Office Assistant in the said Court, lost her husband on 28.01.2020. Thereafter, she fell in love with one Bharathi S/o. Tamilmaran, and they got married on 28.04.2024. She conceived and she applied for Maternity Leave on 18.10.2024. The same was rejected on the ground that she has not produced a Marriage Certificate.
3. Mr.Shivakumar, learned counsel appearing for the petitioner would contend that the marriage was solemnized in a Temple as the petitioner was a young widow and therefore, the same could not be registered. The photographs of the marriage and the invitation were also filed. A complaint lodged by her claiming that the said Bharathi had cheated her on the promise of marriage was also relied upon.
4. The learned District Munsif cum Judicial Magistrate, in the order impugned in the Writ Petition had returned the application for maternity leave basically on three grounds. The first one is that the marr
Marriage need not be registered for maternity leave eligibility; prima facie evidence suffices.
Maternity leave should not be denied based on unsubstantiated claims around marriage legitimacy; evidence provided suffices.
Maternity leave should not be denied based on lack of marriage registration; evidence must be accepted and decisions should reflect modern interpretations of marital relationships.
An order in rem with a statutorily enforced legal principle cannot be restrictively construed as an order in personam by administrative authorities.
Full maternity leave entitled for third pregnancy; government restrictions invalid per Supreme Court.
Entitlement to maternity leave for the birth of the third child despite having three children, based on the interpretation of G.O.Ms.No.237 and Fundamental Rules.
The validity of a marriage registration is contingent upon the proper solemnization of the marriage and compliance with statutory requirements.
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