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Kay (manager)     06 January 2011

How to Keep Divorce cases private from Public discssions?

Hi,

 

May women dont like their divorce cases to be discussed in public for multitude of reasons including social stigma ; mostly the nitty-gritty of case which maybe avaliable as court order online now-a-days, is there a way like US , to request privacy by the party in case of her divorce case so that it can not be discuused in public and always kept private unless permission from person is seeked prior to its referance or rather identity is masked like in European Privacy laws? The similer issue comes in case of Rape cases as well?


What does law say on it? And is there provision in law to resort to such privacy on divorce cases?

 

 



Learning

 12 Replies

Kshiteej Anokar (Advocate)     06 January 2011

It is settled law that the matrimonial proceedings to be conducted in camera and no one could, publish anything or discuss any thing out of the court, and it may be punised 

Kshiteej Anokar (Advocate)     06 January 2011

Section 33 : Proceeding to be in camera and may not be printed or published - 'Sub-section 33 (ii) - These proceedings which relate to judicial separation/divorce/custody of children are likely to be sensitive and private nature. Publicizing the same would amount to a violation of the Right to Privacy of the individuals concerned, and Rs.1000 fine is too light a fine, in view of the damage that a person may suffer and which cannot be compensated through any defamation action.

Kshiteej Anokar (Advocate)     06 January 2011

HMA 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 judgement of 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 previous contained in sub section(1), he shall be punishable with fine which may extend to one thousand rupees.]

Kshiteej Anokar (Advocate)     06 January 2011

In certain cases such as rape or sodomy cases, the details of a case may be so unpleasant that a judge may seek removal of women and children from being present to hear the case.  When a case is conducted through in camera proceedings, it is not permissible to publish a report on it and if that is done, it can result in contempt of Court.

The court must be convinced that securing justice is doubtful without in camera proceedings as administering justice is the court's most important function and anything that obstructs this function must be addressed at once and without any delay whatsoever.

In India, the provision for in camera proceedings is given in section 11 of the Family Courts Act 1984 so that there is no ambiguity to prevent the parties from seeking this in court. Rule 2 of Order XXXII-A of the Civil Procedure Code also allows for proceedings to be held in camera.

Further,  Section 45 of the Indian Divorce Act 1869 applies all the proceedings of the Civil Procedure Code to apply to proceedings held under this Act.

Avnish Kaur (Consultant)     06 January 2011

if either party objects to presence of public in courtroom , there can be proceeding in chamber or court room cud be vacated from ordinary public.
 

y haraharanathbabu (practing law)     06 January 2011

suggestion/explanation given by Annokar SIR is very good, super, Thanks sir,

Y.HARI HARA NATH BABU,ADVOCATE

Kay (manager)     07 January 2011

Thnaks for replies, My concern was more about protecting the identity of person than just the disturbing content of case proceddings,

There are many divorce cases which are discussed in this same forum , specially past  court orders for divorce with name of parties on it, which are uploaded online , some of them concern various aspects of relationship (s*xual, financial) which person may not like to be in public domain even as part of records for analysis or identity shuld be masked as in US, EU to protect identities , is there anything on that lines in India?

Kay (manager)     07 January 2011

Originally posted by :Kay
"
Thnaks for replies, My concern was more about protecting the identity of person than just the disturbing content of case proceddings,

There are many divorce cases which are discussed in this same forum , specially past  court orders for divorce with name of parties on it, which are uploaded online , some of them concern various aspects of relationship (s*xual, financial) which person may not like to be in public domain even as part of records for analysis or identity shuld be masked as in US, EU to protect identities , is there anything on that lines in India?
"

What about past court orders ? The divorce cases settled earlier which were not conducted by camera trial? Can person move for keeping his /her name private from public records later on or now?


(Guest)

KINDLY NOTE THAT MOST OF THE LAW POINTS ARE ALREADY MENTIONED BY THE LEARNED EXPERTS.AS IN CAMERA  PROCEDURE IS FOLLOWED THE ADVOCATE FOR BOTH THE PARTIES MAY SUBMIT APPLICATION TO THE COURT FOR  ANY BREACH OF SAID LAW PROVISIONS.

KINDLY NOTE THAT APPEAL IS FILED TO THE SUPERIOR COURT AND MATTERS MAY GO UP TO SUPREME COURT AND SUPREME COURT JUDGEMENTS ARE USED AS CITATIONS.

KINDLY NOTE THAT IN SUPREME COURT JUDGEMENTS ONLY NAMES OF THE PARTIES AND CASE NUMBERS ARE MENTIONED. AND LAW POINTS ARE PARTICULARLY DISCUSSED.

STILL IN CASE ANY WRITTEN DEFAMATION IS MADE BY ANY THIRD PARTY WHO IS NOT CONNECTED WITH THE MATTER,THEN THE AGGRIEVED PARTY MAY FILE FOR DEFAMATION AND APPROPRIATE COMPENSATON AND LET THE COURT DECIDE THE MATTER.GOOD LUCK.

Avnish Kaur (Consultant)     08 January 2011

you can pray for privacy , court has a discretion to hide names.


(Guest)

Kay,

"What about past court orders ? The divorce cases settled earlier which were not conducted by camera trial? Can person move for keeping his /her name private from public records later on or now."

 

As Avnish said ,you can pray for privacy in a court  , court has a discretion to hide names.

but Nandkumar said that IN SUPREME COURT JUDGEMENTS ONLY NAMES OF THE PARTIES AND CASE NUMBERS ARE MENTIONED. 


Kshiteej Anokar (Advocate)     09 January 2011

dear friends privacy could not be curtailed even in past court orders but friends who is curtailing the privacy ismost important factor the remedy differs.

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