The Allahabad High Court recently refused to quash criminal proceedings against a man accused of uploading an intimate video of him and his wife on Facebook..Justice Vinod Diwakar said the husband had gravely breached the sanctity of the marital relations and the act of sharing such content amounts to a violation of the inherent confidentiality that defines the bond between husband and wife.The Court also 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.“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 single-judge said..The Court added that this breach of trust undermines the very foundation of the marital relationship and is not protected by the marital bond.“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,” it further said..The Court was hearing a plea filed by the accused seeking quashing of the proceedings pending against him in Mirzapur since 2022 under Section 67 of the Information Technology Act.It was argued that since the accused is the husband of the complainant, no case was made out. It was also submitted that the case could be compromised. The Court was also told that no material existed to suggest that the accused had made the video and uploaded it on the internet. .However, the prosecution called the allegations serious and submitted that the accused clandestinely recorded the “obscene video of an intimate act performed between husband and wife from his mobile”.The same was first uploaded on Facebook and then shared with the cousin of the wife and other co-villagers, the Court was told..Considering the allegations, the Court refused to quash the case.“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,” it added.Advocates Pramod Kumar Mishra and Suneel Kumar represented the accused. .[Read Judgment]
