Section 22: Proceedings to be in camera and may not be printed or published

(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.

Explained:

Section 22 of the Hindu Marriage Act, 1955 protects the privacy and dignity of individuals involved in matrimonial disputes. It requires proceedings under the Act to be conducted in camera, meaning in private rather than in an open courtroom. The provision also restricts the publication of information relating to such proceedings without the permission specified by law.

Explanation of Section 22

Under Section 22(1), every proceeding under the Hindu Marriage Act must be conducted in camera. It is unlawful to print or publish any matter relating to these proceedings, except a judgment of the High Court or Supreme Court published with the court’s prior permission.

This protection is particularly important in divorce cases, judicial separation proceedings and other matrimonial disputes, where personal, financial and family matters may be discussed. The provision aims to prevent unnecessary public exposure and protect the privacy of both parties.

Section 22(2) provides that a person who prints or publishes material in violation of subsection (1) may be punished with a fine of up to ₹1,000.

Important Judgments on Section 22

1. R. Sukanya v. R. Sridhar (Madras High Court, 2008)

The Court emphasised that Section 22 safeguards privacy in matrimonial litigation. It recognised the legislative intention to prevent disclosure of sensitive details of marital disputes, subject to the statutory exception concerning court judgments.

2. Nooty Vasishta Venkateshwarlu v. Nooty Sindhu Sharma (Telangana High Court, 2020)

The Court highlighted the prohibition against publishing information relating to proceedings under the Hindu Marriage Act without the required permission. It also recognised the importance of protecting parties from unauthorised disclosure of matrimonial disputes.

3. Santhini v. Vijaya Venketesh (Supreme Court, 2017)

The Supreme Court discussed the importance of confidentiality in matrimonial proceedings while considering video conferencing in family disputes. The judgment explained that technology can be compatible with in-camera proceedings when adequate privacy is maintained.

Conclusion:

Section 22 of the Hindu Marriage Act, 1955, is an important safeguard for privacy in matrimonial litigation. Parties, journalists and publishers should respect its restrictions when dealing with information arising from family court proceedings.