The Allahabad High Court has declined to quash criminal proceedings against a man accused of uploading an intimate video of himself and his wife on Facebook, emphasising that marriage does not grant a husband ownership over his wife or diminish her right to privacy and autonomy.

Justice Vinod Diwakar, while dismissing the petition to quash the charge sheet, remarked, “By uploading an intimate video on Facebook, the applicant (husband) has gravely breached the sanctity of the marital relationship. A husband is expected to honour the trust, faith, and confidence reposed in him by his wife, especially in the context of their intimate relationship.”

The court further observed that sharing such content constitutes a violation of the confidentiality inherent in a marital bond.

“This breach of trust undermines the very foundation of marriage and is not protected by the marital bond,” the order stated.

Stressing the wife’s individuality and rights, the court added, “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 registered in Mirzapur district against Pradumn Yadav under Section 67 of the Information Technology (IT) Act. His wife alleged that Yadav secretly recorded an intimate act without her consent, uploaded it on Facebook, and later shared it with her cousin and other villagers.

The husband’s counsel argued that since the complainant is his legally wedded wife, the charges under Section 67 of the Information Technology  Act were not applicable, adding that there was a possibility of reconciliation between the couple.

However, the Additional Government Advocate opposed the plea, asserting that legal marriage does not grant the husband the right to make or distribute an obscene video of his wife.

The court, siding with the prosecution, refused to quash the case, reinforcing the principle that privacy and consent remain paramount in a marital relationship.