CAS v. MPPL & ANOR
HIGH COURT MALAYA, KUALA LUMPUR
FAIZAH JAMALUDIN J
[WRIT NO: WA-22F-1-05-2019 (ORIGINALLY ORIGINATING SUMMONS WA-24F-107-07-2015)]
21 JUNE 2022
[2022] CLJ JT (7)

Abstract – Case laws are replete with decisions that the courts are not seized with the power, in civil proceedings, to compel adults to produce deoxyribonucleic acid (‘DNA’) samples to prove the paternity of a child. However, it has never been discussed nor decided whether the courts could order for a child to undergo a DNA test to determine the child’s paternity. In this distinctive judgment, a prima facie case was established as there was an avalanche of evidence that there existed sexual relations during the conception period of the child, between parties engaging in an extra-marital affair. Also present were overwhelming documentary evidence of an intimate relationship akin to that of a family unit. As it was in the best interest of the child to know her biological father, the child was accordingly ordered to undergo a DNA test to conclusively resolve the ambiguity as to her paternity.

FAMILY LAW: Children – Paternity – Determination of biological father of child – Claim by third party man to be biological father of child conceived during marriage of husband and wife – Whether prima facie case established – Whether there was sexual intercourse between wife and man before her marriage to her husband and during her marriage – Whether sexual intercourse took place between wife and man during conception period of child – Whether man had access to child after child's birth – Whether man provided maintenance for child – Whether court seized with power to order DNA test on child to determine paternity – Whether court ought to order child to undergo DNA test