Wonders of Trial Court Practice :-“How do you know that mother’s breasts are swelling with milk? Judge questioned routinely.

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Wonders of Trial Court Practice :-“How do you know that mother’s breasts are swelling with milk? Judge questioned routinely.

Trial court practice is wonderful. I had just joined district court practice in 1982.

A poor village woman came weepingly to me. She was deserted by her husband. Yesterday, husband had come and snatched away her baby and had went away to his home in nearby village Mangrol. Husband did not want wife. But he wanted baby only. So he took law in his own hand and snatched away baby from her vulnerable wife.

I rapidly drafted search warrant application and wrote whatever the wife told me. I moved application before Magistrate and narrated whole story before judge and said that urgent warrant is needed and baby needs to be restored to mother because her breasts are swelling with milk.

So judge looked in my eyes and, routinely asked me, “How do you know that mother’s breasts are swelling with milk?”

I do not remember what answer I gave. I simply blushed. I was unmarried. I had no knowledge !

I remember that judge granted Search Warrant as prayed for and with help of police, baby was restored to mother in about 10 hours. As per my memory, wife paid Rs.50/- or Rs.100/- for my fees, I am however not sure.

3/5/18 Reposted 3/5/19

#legaleducation #law

Are Private Companies bound to give maternity leave to employees?

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“Maternity Leave Fight” reached Supreme Court first in 1964.

The five judges bench gave verdict that even Private Companies cannot put a condition that an unmarried woman will have to leave service, if she marries.

The main objection of company was such that a married woman may ask for “Maternity leave” when she may become pregnant.

The objection was rejected by Supreme Court.
( Civil Appeal No.274 of 1964 dt.3/11/65)

After 54 years from that SC judgement, private companies still have reservations about giving “Maternity Leave”.

Now they put condition that if married woman will ask for Maternity Leave, her salary for that period will be cut off. It will be leave without pay….

The fight goes on ….

1/5/2018 Reposted on 1/5/2019