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

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

Dismissing an application filed for quashing the charge sheet, Justice Vinod Diwakar observed, "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, particularly in the context of their intimate relationship."

"The act of sharing such content amounts to a violation of the inherent confidentiality that defines the bond between husband and wife. This breach of trust undermines the very foundation of the marital relationship and is not protected by the marital bond," the court added.

The court further said, "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."

A case was registered against Pradumn Yadav under Section 67 of the IT Act in Mirzapur district, following allegations by his wife that he secretly recorded an intimate act between them on his mobile phone without her consent. She further alleged that he initially uploaded the video on Facebook and later shared it with her cousin and other villagers.  

The applicant's counsel argued that since Yadav is the complainant’s legally wedded husband, no offence under Section 67 of the IT Act could be established against him. It was also submitted that there were possibilities of a compromise between the couple.  

However, the Additional Government Advocate opposed this contention, asserting that marriage does not grant a husband the right to record an obscene video of his wife without consent or circulate it to others, including her cousin and co-villagers.