BAVANI A/P SUNDARAM MURGAN 1. ) BALAMURUGAN A/L AYASAMY 2. ) RAM BABU A/L CHINNAAIAH

BAVANI A/P SUNDARAM MURGAN 1. ) BALAMURUGAN A/L AYASAMY 2. ) RAM BABU A/L CHINNAAIAH

The application for DNA testing was dismissed. The court held that ordering DNA tests via inherent jurisdiction or parens patriae was unsuitable in the present case because there were no concurrent proceedings in which paternity was an issue, significant local statutory and religious family law considerations exist, and policy questions of this sensitivity should be addressed by legislation rather than by judicial extension of jurisdiction; consequently the court would not exercise inherent powers to order DNA tests in these circumstances.

Citation
CB-24F-12-08/2022 (Mahkamah Tinggi)
Parties
Applicant: BSM; Respondent: BAA; Respondent: RBC
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 November 2022
Case Number
CB-24F-12-08/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (family/paternity/dna) / Judgment on Application
Outcome
application dismissed
Legal Topics
Paternity Testing, Inherent Jurisdiction, Parens Patriae, Legitimacy and Presumption of Legitimacy, Birth Registration
Source Language
Malay/English
Family Law Evidence Civil Procedure Administrative Law Paternity Testing Inherent Jurisdiction Parens Patriae Legitimacy and Presumption of Legitimacy +1 more

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Parties

BSM

Applicant

BAA

Respondent

RBC

Respondent

Procedural Posture

Originating Summons (family/paternity/dna) / Judgment on Application

Legal Issues

  1. 1 Whether the High Court should order DNA tests on the children to determine paternity
  2. 2 Whether the court may invoke its inherent jurisdiction/parens patriae to order DNA testing in absence of specific statutory power
  3. 3 Interaction and potential conflict between evidentiary presumptions (s.112 Evidence Act), birth registration rules and Islamic family law principles

Ratio Decidendi

The application for DNA testing was dismissed. The court held that ordering DNA tests via inherent jurisdiction or parens patriae was unsuitable in the present case because there were no concurrent proceedings in which paternity was an issue, significant local statutory and religious family law considerations exist, and policy questions of this sensitivity should be addressed by legislation rather than by judicial extension of jurisdiction; consequently the court would not exercise inherent powers to order DNA tests in these circumstances.

Court Disposition

application dismissed

Orders

  • Application for DNA testing dismissed
  • No order made for DNA tests on the three children