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

Hindu Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 21 All 30 Sections of Hindu Marriage Act Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 mandates that all proceedings under the Hindu Marriage Act must be conducted in camera to safeguard spousal privacy, and imposes a strict criminal prohibition against unauthorized printing or publishing of trial proceedings.

  • Presumptive In-Camera Proceedings: Proceedings under this Act shall be conducted in camera if either party so desires or if the court thinks fit to do so; after the 1976 amendment, in-camera hearing is the statutory default for matrimonial litigation.
  • Prohibition of Publication: It is unlawful for any person to print or publish any matter in relation to any matrimonial proceeding under the Act, except a judgment of the High Court or Supreme Court printed with prior court permission.
  • Penal Sanction for Violation: Any person who prints or publishes any matter in contravention of Section 22(1) is punishable with fine which may extend to one thousand rupees, alongside potential contempt of court proceedings.
Key Landmark Precedents:
  • Naresh Shridhar Mirajkar v. State of Maharashtra (1966) 3 SCR 744: The Supreme Court affirmed that courts have inherent power to hold trials in camera where the administration of justice requires complete confidentiality, particularly in sensitive domestic and matrimonial controversies.
  • K.S. Puttaswamy v. Union of India (2017) 10 SCC 1: The 9-Judge Constitution Bench recognized decisional and spatial privacy within the family home as an integral facet of Article 21, affirming the constitutional legitimacy of in-camera matrimonial adjudications under Section 22.
Courtroom Practice & Strategic Litigation Guidance:

If intimate photographs, chats, medical records, or allegations of impotency or unnatural sex are filed in court, immediately move an application under Section 22 for strict in-camera hearings and an order sealing the judicial file to prevent leaks to media or social networks.

Section 21 All 30 Sections of Hindu Marriage Act Section 23