XXXX 1. ) M. P. P. L. 2. ) H. Y. S. L.

XXXX 1. ) M. P. P. L. 2. ) H. Y. S. L.

Where a plaintiff establishes a prima facie case that he may be the biological father (evidence of sexual relations during the conception period, involvement with the child, and supporting documents) and where it is in the child's best interests, the High Court has jurisdiction under its inherent/parens patriae powers to order that a child undergo DNA testing; s.112 Evidence Act does not bar enquiry into paternity; court ordered DNA testing and provided consequential directions if paternity proven.

Citation
WA-22F-1-05/2019 (Mahkamah Tinggi)
Parties
Plaintiff: C.A.S.; 1st Defendant: M.P.P.L.; 2nd Defendant: H.Y.S.L.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2021
Case Number
WA-22F-1-05/2019 (Mahkamah Tinggi)
Procedural Posture
Family/paternity; Application for DNA Test in Writ Action / Judgment (trial Concluded)
Outcome
Plaintiff's application granted to the extent of ordering DNA testing of the child and consequential reliefs if results positive; no order as to costs
Legal Topics
Paternity, DNA Testing, Parens Patriae, Presumption of Legitimacy (s112 Evidence Act 1950), Burden of Proof, Inherent Jurisdiction to Order Medical Testing
Source Language
Malay/English
Family Law Evidence Procedural Law Administrative/common Law (inherent Jurisdiction) Paternity DNA Testing Parens Patriae Presumption of Legitimacy (s112 Evidence Act 1950) +2 more

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Parties

C.A.S.

Plaintiff

M.P.P.L.

1st Defendant

H.Y.S.L.

2nd Defendant

Procedural Posture

Family/paternity; Application for DNA Test in Writ Action / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the High Court has power to order a child to undergo a DNA test to determine paternity
  2. 2 Whether Plaintiff proved a prima facie case to warrant a DNA test on the child
  3. 3 Interpretation and effect of s.112 Evidence Act 1950 (presumption of legitimacy) on paternity enquiries

Ratio Decidendi

Where a plaintiff establishes a prima facie case that he may be the biological father (evidence of sexual relations during the conception period, involvement with the child, and supporting documents) and where it is in the child's best interests, the High Court has jurisdiction under its inherent/parens patriae powers to order that a child undergo DNA testing; s.112 Evidence Act does not bar enquiry into paternity; court ordered DNA testing and provided consequential directions if paternity proven.

Court Disposition

Plaintiff's application granted to the extent of ordering DNA testing of the child and consequential reliefs if results positive; no order as to costs

Orders

  • Either the 1st Defendant and/or the 2nd Defendant shall bring Child C to Hospital Tunku Azizah within 7 days from service of the order to enable specimens to be taken from Child C and the Plaintiff (by intimate or non-intimate means as decided by a medical professional) for DNA testing to determine paternity
  • If DNA results show the Plaintiff is the biological father of Child C: declaration that the Plaintiff is the biological father of the Child