1. ) M.P.P.L. 2. ) H.Y.S.L. C.A.S.

1. ) M.P.P.L. 2. ) H.Y.S.L. C.A.S.

Appeal allowed and lower courts' orders for compelled DNA testing set aside because the conclusive presumption of legitimacy under s.112 EA remains operative absent a showing of 'no access', s.4(3) EA bars admitting evidence to rebut legitimacy in judicial proceedings except as permitted, there is no statutory power to compel DNA testing in civil proceedings, and the parens patriae jurisdiction cannot be exercised to order such invasive testing where it would not be demonstrably in the child's best interests; on the facts ordering a DNA test would harm the child and was therefore unjustified.

Citation
02(f)-49-08/2023(W) (Mahkamah Persekutuan)
Parties
Appellant: M.P.P.L.; Appellant: H.Y.S.L.; Respondent: C.A.S.
Court
f
Jurisdiction
Malaysia
Judgment Date
3 July 2024
Case Number
02(f)-49-08/2023(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (federal Court) / Final Judgment on Appeal From Court of Appeal and High Court
Outcome
Appeal allowed; orders of the High Court and Court of Appeal set aside
Legal Topics
Paternity, Legitimacy, DNA Testing, Parens Patriae, Best Interests of the Child, Presumption of Legitimacy, Judicial Power to Compel Medical Testing, Statutory Interpretation
Source Language
Malay/English
Family Law Evidence Civil Procedure Children Law Paternity Legitimacy DNA Testing Parens Patriae +4 more

Case Brief

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Parties

M.P.P.L.

Appellant

H.Y.S.L.

Appellant

C.A.S.

Respondent

Procedural Posture

Civil Appeal (federal Court) / Final Judgment on Appeal From Court of Appeal and High Court

Legal Issues

  1. 1 Whether legitimacy and paternity are distinct concepts
  2. 2 Whether s.112 Evidence Act 1950 prevents inquiry into biological paternity where scientific evidence may show otherwise
  3. 3 What constitutes "no access" under s.112 Evidence Act 1950

Ratio Decidendi

Appeal allowed and lower courts' orders for compelled DNA testing set aside because the conclusive presumption of legitimacy under s.112 EA remains operative absent a showing of 'no access', s.4(3) EA bars admitting evidence to rebut legitimacy in judicial proceedings except as permitted, there is no statutory power to compel DNA testing in civil proceedings, and the parens patriae jurisdiction cannot be exercised to order such invasive testing where it would not be demonstrably in the child's best interests; on the facts ordering a DNA test would harm the child and was therefore unjustified.

Court Disposition

Appeal allowed; orders of the High Court and Court of Appeal set aside

Orders

  • Appeal allowed
  • Orders of the High Court dated 19.5.2021 ordering DNA test and related declarations set aside