The Kerala High Court said that it will decide on the transit bail petition by actor Mohammad Farmaan Khan and his wife, whose video from the Maha Kumbh Mela had gone viral, in a kidnapping case filed by her father, on June 3.

The court stated that it will only be considering a transit bail and not an anticipatory bail since the offence is registered in Madhya Pradesh.

Charges under the Bharatiya Nyaya Sanhita, 2023, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Prohibition of Child Marriage Act, 2006 were laid against Mr. Khan, at the complaint made by the father of the woman. Her father had claimed that she was a minor.

The couple submitted evidence in court regarding the date of birth of the woman to prove that she is not a minor, including Aadhaar ID, bank passbook, birth certificate, and election ID card. They claimed that the offences registered against Mr. Khan would not stand since the woman was above 18 years of age, and she had submitted an affidavit before the court stating that she had consented to the marriage with Mr. Farmaan.

Police contention

The Madhya Pradesh Police contended in court that the birth certificate and marriage certificate provided by the petitioners were obtained by providing false information. They also claimed that since the couple’s marriage was conducted at a temple in Neyyatinkara, the marriage was not legally valid under the Hindu Marriage Act, 1955.

The couple countered that their marriage was registered under the Kerala Registration of Marriage (Common) Rules, 2008, and that all marriages in the State are compulsorily registered irrespective of the religion of the parties under these rules.

The couple also requested a month’ time to approach the Madhya Pradesh High Court if the Kerala High Court granted the transit bail petition.