state commission for women has no authority to order DNA test in matrimonial dispute
It is clear to us that the Legislature has not gone so far as to give jurisdiction to the State Commission to make an order such as the one that has been made. From whatever angle we may examine the validity of the directions given by the State Commission in its order dated May 11, 2009, it appears to us that the said order was outside the jurisdiction, power or competence of the State Commission. It was an order which the State Commission had no competence to make and, therefore, a void order. The High Court instead of correcting that order went a step further and directed that DNA of the child as well as the appellant shall be conducted.
Supreme Court of India
Bhabani Prasad Jena Etc. vs Convenr.Sec.Orissa S.Comn.For ... on 3 August, 2010
2. Two questions arise for consideration-first, the extent of power of the State Commission for Women constituted under Section 3 of the Orissa (State) Commission for Women Act, 1993 (for short, `1993 Act') and then, as to whether the High Court of Orissa was justified in issuing direction for deoxyribonucleic acid test (DNA) of the child and the appellant who, according to the mother of the child, was its father suo motu. These questions arise in this way. On May 15
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