R SUKANYA Vs. R SRIDHAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order and decretal order dated 21-7-2004 made in I. A. No. 848 of 2004 in O. P. No. 569 of 2004, on the file of the Principal Family Court at Chennai.

(2.) FACTS leading to the Civil Revision petition are as follows : the revision-petitioner has filed O. P. No. 569 of 2004 on the file of the principal family Court, Chennai for divorce. She filed an application in I. A. No. 848 of 2004, in the above O. P. , to restrain the respondents 2 to 5 in any manner, printing or publishing the proceedings relating to the institution of the petition filed by her before the Family Court or carry any other recital as news item in the telecast or their respective publication and to punish them for any such violation. The trial Court dismissed the said I. A. , on the ground that the respondents have not contravened the provisions of Section 22 of the Hindu Marriage Act and that they are not liable for any punishment under the provisions of the said Act and if they contravene the said provision, action has to be taken before the appropriate forum. Before this Court, the first respondent has agreed that the proceedings may be conducted "in-camera" and that no publicity be given. On the other hand, the press had contended that the provisions of Section 11 of the family Courts Act will have an overriding effect on Section 20 of the Hindu Marriage Act.

(3.) EVEN at the stage of interim application of stay, this Court after considering the scope and extent of Section 22 (1) of the hindu Marriage Act and the provisions of the Family Courts Act, 1984 at Paragraphs 12 to 16, has held as follows :