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2010 Supreme(SC) 667

AFTAB ALAM, R.M.LODHA
Bhabani Prasad Jena – Appellant
Versus
Convenor Secretary, Orissa State Commission for Women – Respondent


JUDGEMENT

R.M. Lodha, J. —

Leave granted.

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, 2007, Bhabani Prasad Jena-the appellant and Suvashree Nayak-respondent no. 2 got married. The certificate of marriage was issued by the Marriage Officer, Khurda, Bhubaneswar on June 30, 2007 under Section 13 of the Special Marriage Act, 1954 (for short, ‘1954 Act’). In less than three months, to be precise, on August 7, 2007 the appellant filed a petition under Section 25(iii) of the 1954 Act in the Court of District Judge, Khurda, Bhubaneswar for a declaration that the marriage between him and the respondent no. 2, registered on June 30, 2007 was nullity and the said marriage has not been consummated. In that matrimonial proceedings, the respondent no. 2 has filed written st






















































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