Maternity benefit refers to a payment or other allowance made by the state or an employer to a woman during pregnancy or after childbirth. In India Maternity Benefit Act came into force in the year 1961 with the objective of safeguarding the dignity of motherhood and providing healthy care to mother and her child.
Steps to file maternity benefit case.
Generally, there are six main stages involved in a civil lawsuit.
The pre filing stage is when the dispute arises and the parties make demands, try to negotiate the matter between them without taking a legal recourse. However, if they fail to reach a resolution then the parties prepare for the possibility of a court action.
At this stage, one party files papers/documents i.e., a complaint to start the court action, and the other party files their response to such complaint i.e., a motion or an answer.
At this stage, both the parties exchange documents and responses filed by them in court and learn about the strengths and weaknesses of the other side’s case.
At this stage, both the parties start preparing for trial, they get their evidence and witnesses in order. Even at this stage they might engage in some out of court settlement conference, after such an attempt the parties may file motions with the court to resolve the case or to limit the issues for trial.
At this stage, the case is actually heard by the judge or a jury (which may last for a couple of hours or a couple of months, depending on the complexity of the case), witnesses are examined, evidence is presented, and the case is eventually decided and a judgement is pronounced.
At this stage, one or both of the parties might file an appeal challenging the judgement passed.
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