The Kerala High Court on Wednesday granted one month of transit bail to Mohd Farman, the husband of the young woman who became an internet sensation during the Prayagraj Kumbh Mela, allowing him time to seek anticipatory bail from a court in Madhya Pradesh. While hearing the matter, the court observed that documents produced before it prima facie indicate that the woman is an adult, despite allegations in a kidnapping case that she is a minor.
Court Examines Age Documents
The case stems from a complaint filed by the woman’s father in Madhya Pradesh, where Farman has been accused of kidnapping her. The father has maintained that his daughter is underage.
However, Justice Kauser Edappagath noted that the birth certificate placed before the court shows her date of birth as January 1, 2008. Based on that document, the court observed that she appears to be a major at first glance.
Additional Solicitor General of India (ASGI) S V Raju, representing the Madhya Pradesh police, argued that the birth certificate was forged and that the woman was still a minor.
The High Court, however, declined to accept that claim at this stage and said the allegation would have to be examined during the investigation.
The court stated:
"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,"
Why the Court Granted Transit Bail
The court also considered the couple’s claim that Farman faced the possibility of arrest in another state and required protection to approach the appropriate court for legal relief.
Referring to the material submitted, the High Court said: "The grounds raised by the applicant No.1 (Farman) for an order of transit bail appears 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,"
The court then permitted Farman to move the competent court in Madhya Pradesh for anticipatory bail within one month from June 3.
It further directed: "The applicant No.1 shall not be arrested till the expiry of the said one month,"
Couple Raises Fear of Honour Killing
In their joint plea, Farman and his wife claimed they could face danger if they travelled to Madhya Pradesh. They told the court that, as they belong to different religions, they feared honour killing by fundamentalist elements.
The couple also said they were unable to safely travel and engage legal assistance in Madhya Pradesh without protection from arrest.
Questions Raised Over Marriage Validity
During the hearing, the ASGI argued that Farman is a Muslim while the woman is a Hindu, and therefore their marriage, allegedly solemnised in a temple, was not legally valid. He further contended that the local marriage registrar had no authority to issue a marriage certificate in such circumstances.
Apart from the kidnapping charge, Farman faces allegations under Sections 81, 83 and 87 of the Bharatiya Nyaya Sanhita. He has also been booked under the Prohibition of Child Marriage Act, 2006, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
From Kumbh Mela Stall to Internet Fame
The young woman first caught public attention during the Prayagraj Kumbh Mela last year. A video showing her selling rudraksh garlands quickly spread across social media, turning her into a viral sensation. Her smile and appearance drew widespread attention online, making her one of the most talked-about faces from the religious gathering.
Now, months after that unexpected rise to fame, she finds herself at the centre of a legal battle involving age, marriage and criminal allegations.
