The Kerala High Court on Wednesday took cognisance of a birth certificate submitted by Monalisa Bhosle --the young woman who gained popularity during the Prayagraj Kumbh Mela-- and stated that she prime facie appears to be a major.
The court was hearing a bail plea filed by Bhosle and husband Mohd Farman, who has been accused in a kidnapping case registered by Madhya Pradesh police on the complaint of her father, who had claimed that the she was a minor at the time of their marriage.
While disposing of the plea, the court granted Farman one month transit bail so that he can move to a Madhya Pradesh court to seek anticipatory bail.
"The applicant No.1 shall not be arrested till the expiry of the said one month," the court ordered.
Additional Solicitor General of India (ASGI) S V Raju, appearing for the Madhya Pradesh police, claimed that Bhosle was a minor and that the birth certificate was a forged one.
However, Justice Kauser Edappagath, after examining her birth certificate, said that it prima facie shows her date of birth as January 1, 2008, and therefore, she is a major.
"Not accepting the contention, the court said that it was "a matter to be investigated," he added.
"In addition to the birth certificate, the Election ID card and bank passbook of the applicant No 2 (Viral Kumbh Mela girl) produced by the applicants would show that the applicant No.2 is a major and her date of birth is January 1, 2008. Thus, the documents produced by the applicants (Farman and the girl) prima facie show that the applicant No. 2 is a major. The applicant No.2 also asserts that she is a major. The applicant No.2 has sworn in an affidavit stating that she has contracted marriage with the applicant No.1," the court said.
The court also said that the documents produced by the applicants, along with their bail plea, would substantiate their apprehension of an inter-state arrest.
The grounds raised by the applicant No.1 (Farman) for an order of transit bail appear to be reasonable to avoid a minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered.
"The applicant No.1 has satisfied this court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognisance of the offence immediately," it said.
Farman and Bhosle in their joint bail plea had claimed that if they went to Madhya Pradesh, they would be subjected to honour killing by the fundamentalists since they belong to different religions.
They had also claimed that they are not in a position to travel and approach a lawyer to move a bail application in Madhya Pradesh without a protection order against their arrest.
On the other hand, the ASGI told the court that Farman was a Muslim and the girl was a Hindu, and therefore, their marriage, solemnised in a temple, was not valid, and consequently, the Local Registrar of Marriages had no authority to issue a marriage certificate to them.
Besides the offence of kidnapping, Farman has also been booked for crimes under sections 81 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 83 (fraudulent marriage ceremony) and 87 (abducting for marriage) of the Bharatiya Nyaya Sanhita, the Prohibition of Child Marriage Act, 2006 and the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.
With a captivating smile and beautiful eyes, the Indore girl had shot to fame after a virtual content creator shared a video of her selling rudraksh garlands at Kumbh Mela in Prayagraj in Uttar Pradesh last year.
(With inputs from PTI)
