October 29, 2020

Relationship of husband and wife is a privileged relation and institution of marriage inspires trust and confidence-HP High Court


Vijyender Sharma

SHIMLA, October, 29

   Taking note of the nature and gravity of offence and its physical and psychological impact thereof, the High Court of H.P. dismissed an anticipatory bail plea of one Abhishek Mangla, accused of uploading obscene photographs and videos of his wife on social media and facebook by creating fake facebook ID in her name.

Justice Vivek Singh Thakur passed this order on the petition filed by Abhishek Mangla for grant of anticipatory bail. His wife had registered a police complaint that Abhishek clicked her nude photographs on his mobile and threatened her to ask her father to provide scooty to him, else he would post her nude photographs on internet. On her resistance, he beated her and uploaded the photographs on social media and on facebook by creating a fake ID in her name. He also sent the screenshots of facebook ID to her.

While dismissing the bail, the Court observed that the relationship of husband and wife is a privileged relation and institution of marriage inspires trust and confidence which leads to complete surrender of spouses to each other. This relation of mutual trust, faith and confidence creates sense of security and sometimes even more than parents and children. The Court further observed that posting and uploading nude photographs of spouse, particularly of wife, in public domain amounts to betray the mutual trust and confidence which marital relations implies. It is stripping off a woman in public by the husband himself who is not only supposed but duly bound to protect her. It is not only serious but a heinous crime. It's impact on soul, mind and physical health of the victim is beyond imagination.

The Court also observed that extraordinary provision of anticipatory bail, is not framed to benefit such offenders particularly a husband who is accused of an offence amounting to stripping off his wife in public and, therefore, the Court does not find it fit to enlarge the petitioner on bail, exercising the power under Section 438 Cr.P.C.

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