'Marriage isn't ownership': HC slams man for posting wife's intimate video

The Allahabad High Court said marriage does not grant control over a spouse, as it refused to quash proceedings against a man for uploading an intimate video of his wife

The Allahabad High Court has refused to quash criminal proceedings against a man accused of uploading an intimate video of himself and his wife on Facebook, calling the act a serious breach of trust and privacy within a marital relationship, reported Bar and Bench.

 

Justice Vinod Diwakar, while hearing the plea, observed that the husband's actions constituted a grave violation of the sanctity and confidentiality inherent in marriage.

 

“Upon perusal of the record and after hearing the learned counsel for the parties, it is prima facie observed that the marriage does not grant a husband ownership or control over his wife, nor does it dilute her autonomy or right to privacy,” the court noted.

 

 

The judge added that a husband is expected to honour the trust, faith, and confidence placed in him by his wife, especially in the context of their intimate relationship. The act of sharing such a private video online, the court said, not only violates the wife’s dignity but also strikes at the very foundation of marital trust.

 

“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,” Justice Diwakar said. 

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What is the case?

 

The case stems from a 2022 complaint lodged in Mirzapur, involving the husband, who is facing charges under Section 67 of the Information Technology Act, which deals with publishing or transmitting obscene material in electronic form. The accused had approached the court seeking to quash the criminal case, arguing that since he is the husband of the complainant, the matter could be compromised and that no clear evidence existed to prove he recorded and shared the video.

 

However, the prosecution countered these claims, stating that the video was secretly recorded by the husband on his mobile phone and later uploaded to Facebook. It was also shared with the wife’s cousin and other people in their village, the court was told.

 

Given the seriousness of the allegations, the high court ruled that there was sufficient material to proceed with the case and that the complaint was not filed with any malicious or ulterior motive.

 

“In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge,” the court added.