The Kerala High Court on Tuesday reserved its verdict on the anticipatory bail plea filed by Kumbh Mela fame Monalisa Bhosle and her husband, Mohammed Farmaan Khan, in connection with a criminal case registered by the Madhya Pradesh Police over allegations that Bhosle was abducted and that she was a minor at the time of her marriage.
The single-judge Bench of Justice Kauser Edappagath reserved orders after hearing extensive submissions from both sides and indicated that the decision is likely to be pronounced on June 3. The Court also permitted the petitioners to place additional documents on record before concluding the hearing.
During the proceedings, the Court made oral observations regarding the threats allegedly faced by the couple due to their interfaith marriage. When counsel for the petitioners argued that they were facing hostility from fundamentalist groups and State authorities in Madhya Pradesh, Justice Edappagath remarked that the couple was fortunate to be in Kerala. The petitioners’ counsel responded that their presence in Kerala was the reason they felt safe.
Appearing for the couple, Advocate M. Sasindran contended that the entire State machinery had been mobilised to portray Bhosle as a minor. He maintained that she had attained the age of majority before the marriage and alleged that official records were subsequently manipulated to falsely indicate otherwise. According to the petitioners, the criminal proceedings were driven by opposition to their interfaith marriage rather than any genuine concern regarding her age.
Opposing the plea, Additional Solicitor General S.V. Raju, appearing for the State of Madhya Pradesh, argued that the marriage itself was legally invalid. He submitted that the marriage was performed in a Hindu temple and could not qualify as a valid marriage under Section 5 of the Hindu Marriage Act, 1955, since Khan is a Muslim and the statute contemplates marriage between two Hindus.
The ASG further informed the Court that offences relating to forgery and fabrication of documents were likely to be added to the FIR. He submitted that there was prima facie material indicating that a false birth certificate had been obtained and subsequently used to secure registration of the marriage. According to the State, such conduct amounted to deceiving public authorities and warranted further investigation.
The prosecution also disputed the petitioners’ claim regarding Bhosle’s age, asserting that her actual date of birth is December 2009 and not January 2008 as claimed by the couple. On that basis, the State argued that she was a minor when the marriage was solemnised and therefore incapable of entering into a valid marriage. The ASG further contended that the alleged misrepresentation of age had resulted in the minor cohabiting with Khan under the belief that the marriage was legally valid.
During the hearing, Justice Edappagath questioned the State’s position, observing that Bhosle herself had not made any complaint against Khan. While the ASG maintained that he was merely placing facts before the Court, the judge remarked that the factual narrative advanced by the prosecution appeared inconsistent with the absence of any grievance from the alleged victim.
The case originates from a complaint lodged by Bhosle’s father before police authorities in Madhya Pradesh alleging that his daughter had been abducted and was underage when she married Khan on March 11 this year. Based on the complaint, an FIR was registered against Khan.
Apprehending arrest, the couple approached the Kerala High Court seeking anticipatory bail. They have denied allegations that Bhosle was a minor and have relied on a birth certificate issued by the Registrar of Births and Deaths of Maheshwar Nagar Panchayat, along with her Aadhaar card, to support their claim that she had attained majority at the time of marriage.
The High Court had earlier granted interim protection from arrest after prima facie noting that the marriage appeared to have been solemnised and that the couple was residing together as husband and wife. That protection has continued during the pendency of the proceedings.
The matter has also given rise to parallel litigation. A private complaint is pending before a POCSO court in Thiruvananthapuram seeking action against Khan and others allegedly involved in facilitating the marriage. Separately, the couple has approached the Madhya Pradesh High Court alleging that official records relating to Bhosle’s age were tampered with in an attempt to portray her as a minor.
The State of Madhya Pradesh has additionally challenged the maintainability of the anticipatory bail plea before the Kerala High Court, contending that since the FIR was registered in Madhya Pradesh, the petitioners should have sought relief from the competent court in that State. The couple, however, maintain that they approached the Kerala High Court because they feared threats and intimidation if they were compelled to pursue remedies in Madhya Pradesh.
The Court has now reserved its verdict on the plea.
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