14 Nov 2022
BAVANI A/P SUNDARAM MURGAN 1. ) BALAMURUGAN A/L AYASAMY 2. ) RAM BABU A/L CHINNAAIAH
- Citation
- CB-24F-12-08/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-24F-12-08/2022 (Mahkamah Tinggi)
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.