Marriage Doesn’t Mean Ownership: Allahabad HC Slams Man For Uploading Wife’s Intimate Video

Marriage Does Not Grant Husband Ownership Over His Wife

The Allahabad High Court has refused to dismiss criminal proceedings against a man accused of posting an intimate video of himself and his wife on Facebook, describing the act as a significant breach of trust and privacy in marriage, as reported by Bar and Bench.

Justice Vinod Diwakar, while considering the plea, stated that the husband's actions severely violated the sanctity and confidentiality of the marital bond.

"After reviewing the case records and hearing arguments from both sides, it is prima facie observed that marriage does not grant a husband ownership or control over his wife, nor does it diminish her autonomy or right to privacy," the court remarked.

The Allahabad High Court has dismissed a petition seeking to quash the charge sheet against a man accused of sharing an intimate video of himself and his wife on Facebook. Justice Vinod Diwakar ruled that the act constituted a serious violation of trust and the sanctity of marriage.

"By uploading an intimate video on Facebook, the applicant (husband) has gravely breached the sanctity of the marital relationship. A husband is expected to honour the trust, faith, and confidence placed in him by his wife, particularly in the context of their intimate relationship," the court observed.

The court further stated that sharing such content violates the fundamental confidentiality that defines the bond between husband and wife. "This breach of trust undermines the very foundation of the marital relationship and is not protected by the marital bond," it added.

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Emphasising the wife's autonomy, the court remarked, "A wife is not an extension of her husband but an individual with her own rights, desires, and agency. Respecting her bodily autonomy and privacy is not just a legal obligation but a moral imperative in fostering a truly equal relationship."

The case, filed under Section 67 of the IT Act in Mirzapur district, was based on allegations that Pradumn Yadav secretly recorded an intimate act on his mobile without his wife's consent. He later uploaded the video on Facebook and shared it with his wife's cousin and other villagers.

What Is The Case About?

The case originates from a 2022 complaint filed in Mirzapur, where the husband faces charges under Section 67 of the Information Technology Act, which pertains to the publication or transmission of obscene material in electronic form. The accused had sought to have the case dismissed, arguing that, as the complainant’s husband, the matter could be resolved through compromise and that there was no conclusive evidence proving he recorded and shared the video.

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However, the prosecution refuted these claims, stating that the husband had secretly recorded the video on his mobile phone before uploading it to Facebook and sharing it with the wife’s cousin and other villagers.

Taking into account the gravity of the allegations, the Allahabad High Court ruled that there was sufficient evidence to proceed with the case, dismissing the argument that the complaint was driven by malice or personal vendetta.

"Based on the material on record, it cannot be concluded that the criminal proceedings were initiated with mala fide intent or as an act of vengeance against the accused," the court noted.

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