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Section 33: Proceedings to be in camera and may not be printed or published

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 32 All 51 Sections of Special Marriage Act Section 34

Legal Commentary & Landmark Judgments: Section 33

Section 33 mandates that all proceedings under the Special Marriage Act shall be conducted in camera upon the desire of either party or if the court thinks fit, and prohibits unauthorized publication of trial proceedings.

  • In-Camera Trial Default: Proceedings shall be conducted in camera if either party so desires or if the District Court thinks fit to do so.
  • Prohibition of Printing or Publishing: It is unlawful for any person to print or publish any matter in relation to any proceeding under this Act, except a judgment of the High Court or Supreme Court printed with prior permission.
  • Penal Sanction (Section 33(2)): Any person who prints or publishes any matter in contravention of sub-section (1) shall be punishable with fine which may extend to one thousand rupees.
Key Landmark Precedents:
  • Naresh Shridhar Mirajkar v. State of Maharashtra (1966) 3 SCR 744: Affirmed the inherent authority of courts to hold proceedings in camera where open publication would prejudice justice, public decency, or spousal dignity.
  • K.S. Puttaswamy v. Union of India (2017) 10 SCC 1: The Constitution Bench recognized informational privacy in domestic disputes as a core fundamental right protected under Article 21, affirming the necessity of in-camera protections.
Courtroom Practice & Strategic Litigation Guidance:

Whenever sensitive pleadings, allegations of adultery, or private electronic messages are placed on record, immediately file an application under Section 33 requesting the court to conduct all future hearings in camera and issue orders restraining parties and third parties from publishing pleadings.

Section 32 All 51 Sections of Special Marriage Act Section 34