The Madhya Pradesh (MP) government on Wednesday told the Kerala High Court that Kumbh Mela fame Monalisa Bhosle and her husband Mohammed Farmaan Khan ought to have approached the jurisdictional court in Madhya Pradesh for anticipatory bail since the first information report against Khan has been registered in MP [Moh Farmaan & Anr. v. State of Kerala & Ors.].
The couple had moved the Kerala High Court for anticipatory bail after a criminal case was filed in MP over allegations that Bhosle was a minor at the time of their marriage.
Justice Kauser Edappagath had earlier granted interim protection from arrest to the couple, after taking note of the documents placed on record showing that their marriage was solemnised and that they were residing together as husband and wife.
Today, Additional Solicitor General of India (ASG) SV Raju, representing the MP government, argued that the couple ought to have moved a court in MP as the FIR was registered there.
"At best, the petitioners can seek transit anticipatory bail and not regular anticipatory bail before the Kerala High Court. The question is as to why is he filing this plea in Kerala? Why can’t he go before the Madhya Pradesh court? ," Raju added.
Raju further contended that since the couple had already moved the MP High Court alleging tampering of records, they could have moved a court in that State for anticipatory bail as well.
However, Justice Edappagath noted that the State has not yet placed the FIR on record.
"If you are arguing maintainability, then you need to produce the FIR," the judge said.
The couple's counsel added that even they had not been provided with the FIR.
"They cannot keep us in the dark. They have still not produced the FIR copy before us," he said.
Justice Edappagath also noted that the Supreme Court's decision in Priya Indoria v. State of Karnataka stated that an anticipatory bail plea would ordinarily lie only before the court having jurisdiction where the FIR is registered, except where reasons are substantiated for approaching another court.
The petitioner's counsel submitted that they would make a case for the same.
The Court ultimately adjourned the matter to May 29 and extended the interim order protecting them from arrest to that date as well.
Monalise Bhosle rose to fame after videos of her selling beads at the 2025 Kumbh Mela went viral on social media last year.
The couple stated that they met during the shoot of a Malayalam film, fell in love and later got married in Kerala on March 11.
Their inter-fatih marriage was widely publicised in the media. However, controversy arose after allegations surfaced that Monalisa had been only 16 years old at the time of her marriage and had not attained the legal age to marry.
Concerns were also raised over the possibility of the marriage being illegal and whether charges under the Protection of Children from Sexual Offences Act (POCSO) would be applicable.
An inquiry has reportedly been launched by the National Commission for Scheduled Tribes (NCST) in this regard.
The couple eventually approached the Kerala High Court apprehending arrest in the alleged kidnapping case registered in Madhya Pradesh on the basis of a complaint by Bhosle's father.
In their plea, the couple relied on documents including Monalisa's Aadhaar card, PAN Card, Voter ID, and birth certificate, to assert that Bhosle had turned 18 years old in January this year.
They also placed on record their marriage certificate issued under the Kerala Registration of Marriages (Common) Rules, 2008 to maintain that Monalisa was an adult when she married Farmaan.
Their plea further stated that Monalisa's family had given consent to their marriage initially but later opposed it due to the influence of a relative.
In a related development, a Thiruvananthapuram POCSO court, last month, sought a report from the Madhya Pradesh Police on the status of the investigation into allegations that Monalisa was a minor at the time of marriage, while considering a private complaint.
The complainant had sought action against Farmaan (Bhosle's husband) and others including, CPI(M) state secretary, MV Govindan, State Minister for General Education and Labour, V Sivankutty and Rajya Sabha MP AA Rahim for facilitating the marriage.
More recently, the couple moved the Madhya Pradesh High Court alleging authorities of tampering Monalisa's age records, in an attempt to falsely portray her as a minor and invalidate the marriage.
Monalisa Bhosle and Farmaan were represented by advocates M Sasindran, Satheeshan Alakkadan and Mrinal Chand M.
The Madhya Pradesh government has appointed Additional Solicitor General SV Raju and Special Prosecutor V Sajith Kumar to represent the State in the proceedings before the Court
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