Kerala HC to pronounce verdict on bail plea of Kumbh Mela star Monalisa, husband Wednesday

Kochi: The Kerala High Court on Tuesday reserved its order on the transit anticipatory bail plea filed by Monalisa and her husband Farmaan Khan, who are facing legal proceedings following a complaint lodged by her father in Madhya Pradesh alleging that she had been abducted.

Justice Kauser Edappagath reserved the verdict after hearing detailed arguments from both sides. The court is expected to pronounce its order on Wednesday. During the hearing, counsel for the petitioners argued that the couple had lawfully married in Neyyattinkara in Kerala after falling in love. He claimed that the woman's father had initially consented to the marriage but later changed his stance after returning to Madhya Pradesh and subsequently filed a complaint against the husband.

The petitioners contended that the woman was a major at the time of the marriage and alleged that efforts were being made to portray her as a minor. Referring to documents including her Aadhaar card, voter ID and bank records, the counsel maintained that her date of birth is January 1, 2008, making her an adult when the marriage was solemnised. The woman also claimed before the court that she was born at home and alleged that hospital records were being manipulated to establish a different date of birth.

The petitioners further alleged that there was a threat to their safety if they returned to Madhya Pradesh, claiming that they feared an "honour killing". Their counsel said the couple had already approached the Madhya Pradesh High Court challenging the cancellation of her birth certificate and argued that the case was part of a broader conspiracy against them.

The High Court observed that a prima facie case had been made out for considering the transit bail plea but clarified that it was only examining the request for transit anticipatory bail and not the merits of the criminal case itself.

Additional Solicitor General SV Raju, appearing in the matter, opposed the plea and argued that the investigation had revealed discrepancies in the woman's age records. He told the court that her actual date of birth was in December 2009 and that she was therefore a minor at the time of the marriage.

Raju further submitted that provisions relating to forgery and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act had been invoked in the case. He argued that authorities had been deceived into issuing birth and marriage documents based on allegedly incorrect information.

The ASG also questioned the validity of the marriage, contending that it was performed according to Hindu rites despite the husband not being a Hindu. According to him, an invalid marriage could not have been legally registered and the registration itself was under scrutiny.

The petitioners, however, relied on Supreme Court precedents to argue that marriage registration is permissible irrespective of religion and maintained that the marriage was legally valid.

During the hearing, the court noted that the woman herself had not raised any complaint in the case. The prosecution responded that, as she was allegedly a minor, her guardian was competent to initiate proceedings.

The case stems from a complaint filed by the woman's father before Madhya Pradesh police. The young woman gained nationwide attention during the Maha Kumbh celebrations after videos of her selling rudraksha garlands went viral on social media.

In March this year, while in Kerala for a film shoot, she approached local police alleging opposition from her family to her relationship with Farmaan. The couple later got married.

The controversy intensified after the National Commission for Scheduled Tribes stated that the woman was allegedly around 16 years old at the time of the marriage and that forged documents may have been used in the process. Based on these findings, Madhya Pradesh police registered a case against the husband under various provisions, including those related to child protection laws.

The High Court's decision on the transit anticipatory bail plea is expected on Wednesday.
(With LiveLaw inputs.)