LAWS(ALL)-2011-3-254

SHABANA ALIAS VANDANA Vs. S S P FAIZABAD

Decided On March 28, 2011
Shabana ALIAS Vandana Appellant
V/S
S S P Faizabad Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned A.G.A. for the State.

(2.) The petition has been presented as Habeas Corpus under the terms of one agreement for marriage between the two persons of different religion. However, such a marriage is not permissible in the eye of law as has been held by the Hon'ble Supreme Court in the Case of Gullipilli Sowria Raj v. Bandaru Pavani Alias Gullipili Pavani, 2009 1 SCC 714 . Further it has been argued by the learned A.G.A. that the Habeas Corpus petition also does not lie in view of the decision of the Hon'ble Supreme Court in the case of Mohd. Ikram Hussain v. State of U.P. and Ors., 1964 AIR(SC) 1625.

(3.) The Hon'ble Supreme Court in the case of Gullipilli Sowria Raj has held that the marriage of a Hindu with another professing a different faith is void.