FAMILY LAW – ILLEGITIMATE CHILD – MAN REFUSES TO ACKNOWLEDGE PATERNITY – DNA TEST

Q: Mr. T and I met each other back in 2015. We were not married and were in an intimate relationship for a period of time. I became pregnant. Mr. T requested me to get an abortion but I refused to. When the child was born, I asked Mr. T to provide support for child maintenance. Mr. T refused to acknowledge the child as his son. Can I compel him to undergo a Deoxyribonucleic Acid (“DNA”) test to determine the paternity of the child?

No.

Whether a person can be compelled by the Court to undergo DNA test?

No.

The only statute that empowers the Court to order an individual to undergo DNA test in Malaysia is the DNA Identification Act 2009. HOWEVER, the Act only applies to criminal proceedings. That also requires individual consent before DNA samples can be taken for examination.
Presently, there is no statute nor common law that empowers the court to order an individual to undergo DNA test in a civil suit.

Article 8 of the Federal Constitution (“FC”) states thar “All persons are equal before the law and entitled to equal protection of the law”. Why the law is not protecting the right of the child?

The Article 8 of the FC does not confer the ‘right to pedigree’ such as the right of the minor to know his or her true identity and to have the possibility of contact with each natural parent.

Article 7 of the United Nations Convention on the Rights of the Child (“UNCRC”) which states that “The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents” confers upon the child the right to know the identity of his or her father.

Yes, Article 7 of the UNCRC confers upon the child the right to know the identity of his or her father BUT Article 7 of the UNCRC must be read together with section 13 of the Births and Deaths Registration Act 1957 (“BDRA 1957”). Section 13 of the BDRA 1957 exempts the father from giving any information concerning the birth of the child.

Case in point: Lee Lai Cheng (suing as the next friend of Lim Chee Zheng and herself) v Lim Hooi Teik [2017] 10 MLJ 331. High Court (Georgetown) – Civil Suit no: 22-587 of 2004

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

In a legal spotlight, X’s acquisition of a cloned vehicle unknowingly, due to lapses in the Road Transport Department’s record-keeping, raises questions about statutory duties and public trust. The case underscores the importance of stringent vehicle registry maintenance to prevent ownership of unlawfully modified vehicles.

22 April ,2024 No Comments

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

26 March ,2024 No Comments

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

28 February ,2024 No Comments

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

In cases of compulsory winding up, the court would appoint a liquidator under s.478 of the Companies Act 2016 (“CA 2016”) to expeditiously recover and realise the assets of the wound-up company for the distribution of dividends to creditors and administer any outstanding matters involving………..

7 February ,2024 No Comments

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

This excerpt illuminates the foundational principles of judicial review as outlined in Order 53 of the Rules of Court 2012. It highlights the criteria for challenging public decisions on grounds of illegality, irrationality, or procedural impropriety. Central to the discussion is the question of timing in judicial review applications, particularly in cases of procedural unfairness. The practical scenario underscores the significance of a “decision” by the relevant authority as a prerequisite for locus standi, drawing insights from the case of Hisham bin Halim v Maya bt Ahmad Fuad & Ors [2023] 12 MLJ 714.

30 January ,2024 No Comments

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

This legal updates explore the principles governing the interpretation of agreements, emphasizing the importance of clarity and unambiguity in contractual terms. It delves into a key issue involving restrictions on remedies for breach of contract, shedding light on the court’s commitment to upholding plain meanings. The illustrative scenario involving shareholders X and Y dissects a pertinent clause, showcasing the delicate balance between restricting remedies and ensuring fairness in legal proceedings.

22 January ,2024 No Comments

FAMILY LAW – ILLEGITIMATE CHILD – MAN REFUSES TO ACKNOWLEDGE PATERNITY – DNA TEST

Recent Post

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

PROPERTY LAW – LEGAL IMPLICATIONS OF SALE AND PURCHASE AGREEMENT BREACHES AND THE RIGHT TO OFFSET IN MALAYSIAN PROPERTY TRANSACTIONS

WINDING-UP – OFFICIAL RECEIVER AND LIQUIDATOR (“ORL”)

JUDICIAL REVIEW – PROCEDURAL FAIRNESS AND LOCUS STANDI

CONTRACT LAW – CONTRACTUAL INTERPRETATION REMEDIES UNVEILED: DECIPHERING CONTRACTUAL CLAUSES AND LEGAL BALANCE

Legal Updates

ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

menu

Others

KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE

FAMILY LAW – ILLEGITIMATE CHILD – MAN REFUSES TO ACKNOWLEDGE PATERNITY – DNA TEST

Recent Post

Legal Updates

menu

Others

KUCHAI LAMA / KUALA LUMPUR ( MALAYSIA ) OFFICE

KUCHAI LAMA / KUALA LUMPUR
( MALAYSIA ) OFFICE