The Allahabad High Court has refused to cancel a criminal case against a man accused of uploading an intimate video of himself and his wife on Facebook. The court made it clear that marriage does not give a husband ownership or control over his wife, and it doesn’t reduce her right to privacy.

Husband violated trust and privacy

The Allahabad High Court dismissed the husband’s request to drop the charges. Justice Vinod Diwakar stated, "By uploading an intimate video on Facebook, the applicant (husband) has gravely breached the sanctity of the marital relationship. A husband is expected to honor the trust, faith, and confidence reposed in him by his wife, particularly in the context of their intimate relationship."

The court further explained that sharing such content breaks the private bond between a husband and wife. "The act of sharing such content amounts to a violation of the inherent 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," the court added.

Women’s rights are independent of marriage

The court also stressed that a wife is an individual with her own rights and dignity. "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 court said.

The case was filed by the wife of Pradumn Yadav from Mirzapur district. She alleged that her husband made an obscene video of their private moment without her knowledge and then uploaded it on Facebook. He later shared it with her cousin and other people in their village.

The husband’s lawyer argued that since they are legally married, this should not be considered a crime under Section 67 of the IT Act. He also mentioned that there’s a chance for the couple to reconcile.

However, the government’s lawyer opposed this, stating that marriage doesn’t give a man the right to record or share such private videos without his wife’s consent.

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