Section 22 of the Hindu Marriage Act, 1955: In-Camera Proceedings and Publication Restrictions
Section 22 protects privacy in matrimonial litigation by requiring proceedings under the Hindu Marriage Act, 1955 to be conducted in camera and by restricting the printing or publication of information about those proceedings.
Text of 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.
Legislative history: Section 22 was substituted by Section 15 of Act 68 of 1976, effective 27 May 1976. Source: India Code - official Hindu Marriage Act, 1955 (PDF).
Meaning and purpose of Section 22
In camera means that the court hears the proceeding privately rather than as an ordinary public hearing. The rule is intended to protect sensitive personal and family information arising in matrimonial disputes.
The publication restriction is separate from the requirement of a private hearing. It applies to printing or publishing matter relating to a proceeding under the Act, subject to the express statutory exception for certain appellate court judgments.
Section 22(1): Private hearings and publication restrictions
- Mandatory private proceedings: Every proceeding under the Hindu Marriage Act must be conducted in camera.
- General restriction: A person must not print or publish matter relating to such proceedings.
- Limited exception: A judgment of the High Court or Supreme Court may be printed or published only with the previous permission of the court.
The exception does not give automatic permission to publish matrimonial pleadings, evidence or hearing details. Court permission and any applicable judicial directions must be respected.
Section 22(2): Penalty for unlawful publication
A person who prints or publishes matter contrary to Section 22(1) may be punished with a fine of up to Rs. 1,000 under Section 22(2). This is the penalty expressly specified in the section; it should not be confused with remedies or restrictions that may arise under other applicable laws or court orders.
Practical application in matrimonial cases
The provision is relevant to proceedings under the Act, including petitions concerning divorce, judicial separation, restitution of conjugal rights and related matrimonial relief. Parties, journalists and other persons should avoid publishing case details without first assessing the statutory restriction and any orders made by the court.
Section 22 regulates confidentiality and publication; it does not itself determine whether a party is entitled to divorce, maintenance, custody or other relief. Those questions are governed by the applicable substantive provisions of the Act.
Frequently asked questions
Are Hindu Marriage Act hearings open to the public?
No. Section 22(1) requires proceedings under the Act to be conducted in camera.
Can a High Court or Supreme Court matrimonial judgment be published?
Section 22(1) permits publication of such a judgment only with the previous permission of the court.
What is the fine under Section 22?
Section 22(2) provides for a fine that may extend to Rs. 1,000 for publication in contravention of subsection (1).
Official legal reference
Read the India Code entry for the Hindu Marriage Act, 1955 or the official Act text (PDF) for the statutory wording and legislative notes.
This article provides general legal information and is not a substitute for advice on the facts of a particular case.