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

Hindu Marriage Act, 1955

Section 22 HMA at a Glance

Section 22 HMA requires every proceeding under the Hindu Marriage Act, 1955 to be held in camera (in private). Printing or publishing any matter about the proceeding is unlawful, except High Court or Supreme Court judgments with the Court's previous permission.

Section 22 HMA Bare Act Text

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.

Amendments to this section
  • Subs. by s. 15, ibid., for s. 22 (w.e.f. 27-5-1976).

Section 22 HMA in Simple Words

Section 22 HMA protects privacy in matrimonial litigation by requiring private hearings and restricting publication. Under Section 22(1) HMA, every proceeding under the Hindu Marriage Act, 1955 must be conducted in camera, meaning in private and closed to members of the public.

Section 22(1) HMA also makes it unlawful for any person to print or publish any matter in relation to any proceeding under the Act. One narrow exception applies: a judgment of the High Court or of the Supreme Court may be printed or published with the previous permission of the Court.

Section 22(2) HMA addresses any person who prints or publishes any matter in contravention of the rule contained in Section 22(1) HMA: that person is punishable with fine which may extend to 1,000 rupees. Section 22 HMA was substituted with effect from 27 May 1976.

When Section 22 HMA Applies

  • A proceeding is conducted under the Hindu Marriage Act, 1955.
  • The proceeding must be conducted in camera (in private).
  • No person may lawfully print or publish any matter in relation to that proceeding.
  • A judgment of the High Court or of the Supreme Court may be printed or published only with the previous permission of the Court.
  • A person who prints or publishes any matter in contravention of Section 22(1) HMA is punishable with fine which may extend to 1,000 rupees (Section 22(2) HMA).

Example of Section 22 HMA

Harpreet and Rukmini are parties to a divorce petition under the HMA before a court in Ludhiana. Under Section 22(1) HMA, the court conducts the proceeding in camera, so members of the public are excluded from the hearing. Ashok, a publisher in Ludhiana, plans to print an article reporting witness statements from the hearing. Because the matter relates to an HMA proceeding and is not a High Court or Supreme Court judgment published with the Court's previous permission, Section 22(1) HMA makes printing or publishing that report unlawful.

When Section 22 HMA Does Not Apply

  • The prohibition on printing or publishing in Section 22(1) HMA does not apply to a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

FAQs on Section 22 HMA

What is Section 22 HMA?▼

Section 22 HMA is the privacy rule of the Hindu Marriage Act, 1955. Section 22 HMA mandates that every proceeding under the Act be conducted in camera and prohibits printing or publishing any matter relating to the proceeding, except a High Court or Supreme Court judgment with the Court's previous permission.

Are all proceedings under the Hindu Marriage Act, 1955 held in camera?▼

Yes. Section 22(1) HMA states that every proceeding under the Act must be conducted in camera, meaning in private rather than in open court.

Can a person publish a trial court judgment from an HMA proceeding?▼

No. Section 22(1) HMA makes printing or publishing any matter in relation to an HMA proceeding unlawful, and the exception covers only a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

Can a High Court or Supreme Court judgment in an HMA case be published without permission?▼

No. Under Section 22(1) HMA, even a judgment of the High Court or of the Supreme Court may be printed or published only with the previous permission of the Court.

What is the penalty for publishing matter from an HMA proceeding?▼

Fine which may extend to 1,000 rupees. Under Section 22(2) HMA, any person who prints or publishes any matter in contravention of Section 22(1) HMA is punishable with that fine.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·