The Kerala High Court has reserved its decision on an anticipatory bail application submitted by Monalisa Bhosle, known for her viral Kumbh Mela videos, and her husband Mohammed Farmaan Khan. The couple is facing a legal case in Madhya Pradesh, where allegations include kidnapping and the invalidity of their interfaith marriage. The case is officially titled Moh Farmaan & Anr. v. State of Kerala & Ors.
Justice Kauser Edappagath, presiding over the case, is expected to deliver the verdict on June 3. During the proceedings, Justice Edappagath noted that the couple is fortunate to be in Kerala, considering the threats they reportedly face due to their interfaith union. Advocate M Sasindran, representing Bhosle and Khan, argued that fundamentalist groups and the Madhya Pradesh state machinery were unjustly targeting them. He asserted that Bhosle was of legal age, 18, at the time of marriage, and accused state officials of manipulating records to falsely portray her as a minor.
“The entire state apparatus is being used against the petitioners,” Sasindran claimed. “We are lucky to be in Kerala; it’s the only reason we’re still safe,” he added in response to the judge’s remark.
The Madhya Pradesh government, represented by Additional Solicitor General (ASG) SV Raju, contended that the marriage was invalid under the Hindu Marriage Act, as Khan is a Muslim. According to ASG Raju, the marriage, solemnized in a Hindu temple, violates Section 5 of the Act, which permits marriage only between Hindus.
ASG Raju further stated that potential charges of forgery might be added to the kidnapping-related FIR against Khan. He claimed that a false birth certificate was used to obtain the marriage certificate, thereby misleading authorities.
The ASG insisted that Monalisa Bhosle was born in December 2009, not January 2008, as the couple claimed, making her a minor at the time of marriage. Justice Edappagath queried the absence of a complaint from the alleged victim, to which Raju replied that he was merely presenting facts.
The court had previously granted interim protection from arrest to the couple after noting that their marriage seemed legally solemnized. The marriage had received widespread media attention, raising questions about its legality and potential contraventions of the Protection of Children from Sexual Offences Act (POCSO). Bhosle’s father has lodged a kidnapping complaint, prompting the couple to seek anticipatory bail from the Kerala High Court, asserting Bhosle was not a minor.
The State of Madhya Pradesh opposed the plea’s maintainability, arguing the couple should seek relief in Madhya Pradesh, where the FIR is filed. The couple, however, cited safety concerns in Madhya Pradesh as their reason for seeking bail in Kerala.
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Proceedings related to the case are also ongoing at a Thiruvananthapuram POCSO court, where a private complaint implicates Khan and several CPI (M) leaders. The Kerala High Court has requested a report from Madhya Pradesh Police on the investigation’s status. Furthermore, the couple has filed a writ petition in the Madhya Pradesh High Court, alleging tampering with Bhosle’s age records.
Advocates Satheeshan Alakkadan and Mrinal Chand M also represent the couple, while Special Prosecutor V Sajith Kumar appears for the Madhya Pradesh government.
