
The Allahabad High Court has declined a request to quash criminal charges against a man accused of uploading an intimate video of himself and his wife on Facebook, underscoring that marriage does not entitle a husband to control over his wife’s privacy or autonomy.
Court Deems Video Sharing a Breach of Marital Trust
Justice Vinod Diwakar, dismissing the application to nullify the charge sheet, stated that uploading such private content represents a serious breach of marital trust. He said:
“By uploading an intimate video on Facebook, the applicant (husband) has gravely breached the sanctity of the marital relationship... This breach of trust undermines the very foundation of the marital bond and is not protected by it.”
The court reinforced that a wife is not an extension of her husband but a person with her own rights and agency, stressing the legal and moral importance of respecting her privacy.
Case Details: Unauthorized Sharing of Obscene Video
The complaint, filed in Mirzapur district, accuses Pradumn Yadav of recording an intimate video without consent and uploading it to Facebook. He is also accused of sharing the video with the complainant’s cousin and other villagers.
The FIR was registered under Section 67 of the Information Technology Act, which penalizes the publishing or transmission of obscene material in electronic form.
Arguments and Court Ruling
The defense argued that the complainant was the legally wedded wife of the applicant, implying that no offense should be made under Section 67. They also suggested a possibility of compromise between the couple.
However, the Additional Government Advocate countered that marriage does not authorize a husband to record and circulate obscene content involving his wife.
The court agreed, affirming that marital status does not override individual privacy or consent, and refused to quash the proceedings.
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