Code:
(1) Every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the court.
(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.
Explanation:
This section of the Hindu Marriage Act mandates that all proceedings related to Hindu marriages, including divorce, separation, annulment, and other related matters, should be conducted “in camera”. This means that these proceedings should be held in private, away from the public eye. The Act further prohibits the printing or publishing of any information related to these proceedings, except for the final judgments of the High Court or the Supreme Court, which may be published only with the court’s prior permission.
Illustration:
Let’s say a couple is going through a divorce. Under Section 22, the court hearing this case will be closed to the public. Neither the names of the parties nor the details of the proceedings can be reported by the media unless a judgment is passed by the High Court or Supreme Court and the court allows it.
Common Questions and Answers:
Q: Why are Hindu marriage proceedings conducted “in camera”?
A: To protect the privacy of the parties involved and to prevent any unnecessary public scrutiny that could potentially harm their reputation or cause further emotional distress.
Q: Can a journalist report on a Hindu marriage case?
A: No, a journalist cannot report on a Hindu marriage case unless the court allows it. Even then, only the final judgment can be reported.
Q: What happens if someone violates Section 22?
A: The person who prints or publishes information about a Hindu marriage case without permission can be fined up to one thousand rupees.
Conclusion
Section 22 of the Hindu Marriage Act plays a crucial role in safeguarding the privacy and dignity of individuals involved in matrimonial disputes. By mandating that all proceedings under the Act be conducted in camera (i.e., privately) and restricting the publication of any details without the court’s permission, this provision ensures that sensitive personal matters are not exposed to public scrutiny or media sensationalism.
This confidentiality protects the emotional well-being of the parties, encourages honest testimony, and maintains the sanctity of family proceedings. Violations of this section can result in legal consequences, emphasizing the importance of discretion in matrimonial litigation.
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