Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Dna testing

  • 3 Jul 2024

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

    Citation
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)

    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.

  • 3 Jul 2024

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

    Citation
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)

    Appeal allowed: the Federal Court held that on these facts a court should not compel a DNA test. The presumption of legitimacy under s.112 Evidence Act 1950 remains operative in judicial proceedings where a registered husband is the legal father and no cogent proof of "no access" is shown; s.4(3) EA operates to bar evidence to rebut that presumption in such circumstances. The court lacks statutory power to compel DNA testing in civil proceedings absent express legislation; parens patriae powers are protective and limited and must be exercised only when necessary for the child's welfare — here…

  • 3 Jan 2024

    LIM POH CHUAN LIM POH LEONG

    Citation
    WA-22NCvC-710-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCvC-710-12/2022 (Mahkamah Tinggi)

    The court declined to exercise its inherent jurisdiction to compel DNA testing of an adult where the plaintiff failed to establish a prima facie case or statutory basis; the inherent parens patriae power and other authorities permitting DNA testing apply to children and do not extend to ordering intrusive tests against adults in these circumstances; therefore the application for DNA testing was dismissed and costs awarded to the defendant.

  • 27 Mar 2023

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

    Citation
    W-02(W)-1051-05/2021 (Mahkamah Rayuan)
    Court
    W
    Case number
    W-02(W)-1051-05/2021 (Mahkamah Rayuan)

    Where a putative father proves on the balance of probabilities that he had sexual relations with the mother during the child’s conception period and the test is in the child’s best interests, the High Court has inherent parens patriae jurisdiction (supported by s.24(d) CJA 1964 and s.3(1) Civil Law Act 1956 importing English common law) to order forensic DNA testing notwithstanding absence of explicit civil statutory power and notwithstanding the presumption of legitimacy under s.112 Evidence Act 1950 does not bar such inquiry.

  • 21 Mar 2023

    J K L 1. ) A B C 2. ) D E F

    Citation
    BA-24F-363-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-24F-363-11/2021 (Mahkamah Tinggi)

    Court has inherent jurisdiction to order DNA testing; plaintiff demonstrated a strong prima facie case based on corroborative material including the mother's email and other evidence; balancing competing interests the DNA test is in the child's best interests and must be ordered; if test proves paternity the plaintiff shall be declared the birth father.

  • 19 May 2021

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

    Citation
    WA-22F-1-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22F-1-05/2019 (Mahkamah Tinggi)

    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.