15 May 2023
1. ) XXXX 2. ) CHE ROHAYU BINTI ABD RAHIM MUHAMMAD RISYA RIZUAN BIN MAT ARIFIN
- Citation
- DA-24NCvC-344-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-24NCvC-344-09/2022 (Mahkamah Tinggi)
Paternity is a question of fact separable from legitimacy; the High Court has jurisdiction to determine paternity where the matter is not exclusively within express Syariah jurisdiction; the undisputed DNA report (Lab No DM220305676 dated 01/04/2022) showing 99.9994% probability constituted conclusive proof of biological paternity and, as there was no substantial factual dispute on the DNA evidence or experts' technique, the originating summons was appropriate and a declaratory order was granted.