Marriage does not grant husband ownership over his wife: HC on uploading of intimate video

The Allahabad High Court has refused to quash a criminal case against a man accused of uploading an intimate video of himself and his wife on Facebook.

The court firmly stated that marriage does not give a husband ownership or control over his wife, nor does it diminish her autonomy or right to privacy.

Breach of Trust in Marriage

Dismissing an application seeking to quash the charge sheet, Justice Vinod Diwakar observed, "By uploading an intimate video on Facebook, the applicant (husband) has gravely violated the sanctity of the marital relationship. A husband is expected to uphold the trust, faith, and confidence placed in him by his wife, particularly in matters concerning their private relationship."

The court further remarked, "Sharing such content amounts to a severe breach of the inherent confidentiality that defines the bond between husband and wife. This act of betrayal weakens the very foundation of marriage and cannot be shielded under the marital bond."

Wife’s Autonomy & Right to Privacy

The court emphasized that a wife is not merely 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 duty in fostering a truly equal relationship," it stated.

Case Details & Allegations

A case was registered against Pradumn Yadav under Section 67 of the IT Act in Mirzapur district. His wife alleged that he secretly recorded an obscene video of their intimate act on his mobile phone and uploaded it on Facebook. He then shared the video with her cousin and other villagers, without her knowledge or consent.

Defense & Government’s Stand

Yadav’s counsel argued that since the complainant is his legally wedded wife, no offence under Section 67 of the IT Act could be made out against him. The lawyer also suggested that there were fair chances of reconciliation between the couple.

However, the Additional Government Advocate opposed this argument, stating that even though the complainant is legally married to the accused, the husband had no right to record an obscene video of her and distribute it. The court ultimately ruled against quashing the case, reinforcing the importance of privacy, consent, and autonomy within marriage.

(With PTI Inputs)