The Court made it clear that a husband must respect the trust and faith his wife places in him.
Allahabad: The Allahabad High Court refused to cancel the criminal case against a man accused of uploading a private video of himself and his wife on Facebook. The court strongly criticized the act, saying it was a serious breach of trust and privacy in a marriage.
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Justice Vinod Diwakar, who delivered the ruling, stated that the husband had “gravely breached the sanctity of the marital relations” by sharing such a video online.
He emphasized that this action violated the “inherent confidentiality that defines the bond between husband and wife.”
The Court made it clear that a husband must respect the trust and faith his wife places in him.
In this case, the judge observed that “a husband is expected to honour the trust, faith and confidence reposed in him by his wife, particularly in the context of their intimate relationship.”
The Court strongly rejected the argument that marriage gives a husband any right over his wife’s personal life or privacy.
The judge stated, “Upon perusal of the record and after hearing the learned counsel for the parties, it’s 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 added that such actions undermine the very foundation of marriage and are not justified just because the couple is married.
“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 was filed in 2022 in Mirzapur under Section 67 of the Information Technology (IT) Act, which deals with publishing obscene material online. The accused approached the High Court, requesting that the case be dropped.
The man’s lawyers, Advocates Pramod Kumar Mishra and Suneel Kumar, argued that no case should be made against him as he was the complainant’s husband. They also suggested that the matter could be settled.
However, the prosecution opposed the plea, calling the allegations serious.
They informed the Court that the accused had “clandestinely recorded the obscene video of an intimate act performed between husband and wife from his mobile.”
They further claimed that the video was first uploaded on Facebook and later shared with the wife’s cousin and other villagers.
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Considering the gravity of the allegations, the High Court refused to cancel the criminal case.
The judge noted, “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.”
Case Title: PY Vs. State of UP and Another
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