Allahabad High Court Quarterly Digest : January To March 2025

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER [January-March 2025] Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HC Case title – Brijesh Yadav @ Brijesh Kumar Vs. State Of U.P. And Another 2025 LiveLaw (AB) 1 Case citation: 2025 LiveLaw (AB) 1 The Allahabad High Court has observed that it is high time for husbands to shed the outdated mentality of the Victorian era and realise that a wife's body, privacy, and rights are her own and not subject to the control or ownership of her husband. The Court underscored that a husband is expected to honour the trust, faith, and confidence reposed in him by his wife and that sharing videos related to their intimate relationship amounts to a violation of the inherent confidentiality that defines the bond between husband and wife. Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution Case title - Salman vs. State of U.P 2025 LiveLaw (AB) 2 Case citation: 2025 LiveLaw (AB) 2 The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a bench of Justice Sanjay Kumar Singh observed thus: “This Court is of the view that aforesaid allegation is serious blow to the Supreme honour of the victim and offends her self esteem and dignity. It degrades and humiliates the victim, it leaves behind a traumatic experience, a rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation.” Allahabad HC Dismisses PIL Against Motion To Impeach Justice Shekhar Yadav Over His VHP Event Speech Case title - Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another Citation: 2025 LiveLaw (AB) 3 The Allahabad High Court DISMISSED a Public Interest Litigation (PIL) plea filed against an impeachment motion submitted to the Rajya Sabha Secretary General by 55 MPs seeking the impeachment of Justice Shekhar Yadav over the speech delivered by him at Prayagraj on December 8 at an event organised by the Vishwa Hindu Parishad (Legal Cell). A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi dismissed the PIL plea filed by Advocate Ashok Pandey after it orally remarked that it was not satisfied with the maintainability of the PIL plea. No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court Case Title: Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 [WRIT - A NO. 16300 OF 2024] Case citation : 2025 LiveLaw (AB) 4 While granting interest on delayed payment of post-retiral dues to a Nagar Palika employee, the Allahabad High Court observed that unless there are compelling reasons or serious charges, an employee should not be retired with disciplinary proceedings pending against him. Imposing cost of Rs. 10,000 on the Executive Officer, Nagar Palika Parishad, Seohara, Bijnor for delaying the payment of retiral dues of the employee despite no conclusive charges against him, Justice J.J.Munir held “No employee should be allowed to retire, with disciplinary proceedings pending against him, unless these are commenced virtually on the eve of his retirement, for very compelling reasons, or the charges are so serious and facts so complicated that the process of inquiry would certainly extend beyond the employee's superannuation.” Rape Survivor Faces Dual Crises, Crime Wounds Her Dignity & Trial Forces Her To Relive Traumatic Experience: Allahabad HC Case title - Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5 Case citation : 2025 LiveLaw (AB) 5 The Allahabad High Court has observed that a woman who is raped undergoes two crises- the commission of a crime, where her dignity is wounded and her sense of security is destroyed and the subsequent trial, where she is forced to relive the traumatic experience. “It is often stated that a woman who is raped undergoes two crises- the rape and the subsequent trial. While the first seriously wounds her dignity, curbs her individual, destroys her sense of security and may often ruin her physically, the second is no less potent of mischief inasmuch as it not only force her to relive through the traumatic experience, but also does so in the glare of publicity in a totally alien atmosphere, with the whole apparatus and paraphernalia of the criminal justice system focused upon her,” a bench of Justice Sanjay Kumar Singh observed in an...

Allahabad High Court Quarterly Digest : January To March 2025

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