What does mean by "in camera proceedings" in HMA?
Legal Fighter
(Querist) 27 May 2010
This query is : Resolved
Does "in camera proceedings" in HMA mean that the proceedings be recoded? Pls clarify.
Raj Kumar Makkad
(Expert) 27 May 2010
This means camera be operated in court so that the entire proceeding may automatically be recorded therein.
Guest
(Expert) 27 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE IN CAMERA PROCEEDING IN HINDU MARRIAGE ACT PETITION KINDLY NOTE THAT.
1.ON AN APPLICATION OF THE APPLICANT THE HONOURABLE COURT MAY ALLOW IN CAMERA RECORDING OF EVIDENCE OF PETITIONER AND RESPONDENT.KINDLY NOTE THAT WHILE RECORDING THE EVIDENCE ONLY THE PETITIONER,RESPONDENT AND ADVOCATE FOR PETITIONER AND ADVOCATE FOR RESPONDENT AND THE WITNESS TO BE EXAMINED ARE ALLOWED TO REMAIN PRESENT BEFORE THE COURT.AND OTHER LITIGANTS AND ADVOCATES NOT CONNECTED WITH THE SAID MATTER ARE NOT ALLOWED TO REMAIN PRESENT IN THE COURT.COURT MAY ORDER THE RECORDING OF THE EVIDENCE BY CLOSING THE DOORS AND RECORDING OF EVIDENCE.
2.KINDLY NOTE THAT RECENTLY I CAME ACROSS SIMILAR MATTER.DIVORCE PETITION WAS FILED UNDER SEC.13 OF HMACT BY PETITIONER WIFE WHO WAS WORKING AS HONOURABLE JUDICIAL MAGISTRATE FIRST CLASS/CJSD.I REPRESENTED THE RESPONDENT HUSBAND WHO WAS ALSO A MAHARASHTRA STATE GOVT.OFFICER.IN CAMERA RECORDING OF EVIDENCE WAS ORDERED AND THE ENTIRE EVIDENCE WAS RECORDED AS STATED ABOVE.I CROSS EXAMINED THE SAID PETITIONER WIFE WHO WAS SITING JUDGE FOR ALMOST TWO HOURS IN THE WITNESS BOX TO BRING THE FACTS ON RECORD.THAT IS PART OF OUR DUTY AS AN ADVOCATE PLEASE NOTE.ONE SHOULD BE SINCERE AND HONEST IN PERFORMING DUTIES.PLEASE NOTE.
3.KINDLY NOTE THAT WHILE PRACTICING AS AN ADVOCATE SEVERAL TIMES WE HAVE TO REPRESENT OUR CLIENTS TO PROTECT THEIR INTEREST.IN HM ACT MATTERS MOSTLY COURTS AND ADVOCATES TRY TO COMPROMISE THE MATTERS BETWEEN HUSBAND AND WIFE .BUT IN CASE THE RELATIONS BETWEEN HUSBAND AND WIFE ARE STRAINED BEYOND COMPROMISE THEN EVEN GENUINE EFFORTS MAY NOT COME TO ANY COMPROMISE THEN ULTIMATELY WE HAVE TO ARGUE THE MATTER ON MERITS.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
A V Vishal
(Expert) 27 May 2010
In camera proceedings means the public is not allowed to view the proceedings. In matrimonial disputes it so happens that the parties to the dispute wash their dirty linen (meaning accuse each other about their matrimonial differences), in order to protect privacy of the couple the proceedings are held before the judge in presence of their counsels. No unrelated person is permitted to view the proceedings.Sometimes in camera proceedings can protect the aggrieved woman from a lot of humiliation and shame especially in cases where explicit acts of sexual abuse and violence are being discussed in an open court and it allows for her dignity and privacy to be maintained.
Legal Fighter
(Querist) 27 May 2010
Dear A. V. Vishal,
So as per your interpretation, it doesn't mean the recording of proceedings and it means only privacy.
Actually in divorce case, judge is not doing anything and just giving long dates. I want to move an application so that proceedings are recorded and useful dates happen in court. Pls guide me if it will help.
Kiran Kumar
(Expert) 27 May 2010
Mr. Vishal has given u the right reply...in camera does not mean recording of court proceedings in a camera :)
in divorce proceedings, its duty cast upon courts to make an attempt to save the marriage, so the longer dates are given, but if you think the longer dates have been given unnecessarily then you may approach concerned HC for the quick disposal of the matter....the HC may give directions to the court to expedite the trial.
A V Vishal
(Expert) 27 May 2010
Thanks Kiran,
Mr Fighter I think your query/doubt is resolved by Kiran's reply.
G. ARAVINTHAN
(Expert) 27 May 2010
Proceedings which are conducted in the chambers of the Presiding officer and not in Open court hall called as in-camera proceedings.
In matters relating to matrimonial dispute or matter involving family heirship questions ( questions asked illicit relationship of a woman), in camera proceedings takes place
B K Raghavendra Rao
(Expert) 27 May 2010
In camera proceedings are nothing but private hearing of only the parties when no one else is allowed to be present. It may be held either int he chambers of the presiding officer or in the court hall.
Once I have attended a in camera proceedings held in a court hall. All the advocates and public were asked to vacate the hall. The door was closed and proceedings conducted only with the parties and their advocates.
a.manoharan
(Expert) 28 May 2010
I agree with Mr.Nand Kumar . i also had the same experience both in civil and criminal matters. i had conducted criminal cases also like Rape etc. within camera as Mr.Nand Kumar, Mr.Aravindan and Mr.A.V.Vishaltold
