SKY vs PEGUAM NEGARA - 2023 MarsdenLR 269

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 269

HIGH COURT MALAYA KUALA LUMPUR
SKY – Appellant
Versus
PEGUAM NEGARA – Respondent

Petitioner Advocates:Ngeow Chow Ying ,Respondent Advocate: Rohaiza Hamzah

Table of Content
1. context of the appeal regarding the requirement of a dna report. (Para 1 , 2)
2. petitioner's backgrounds and need for legitimization. (Para 3 , 4 , 5 , 6)
3. arguments on the necessity of a dna report. (Para 7 , 10 , 11 , 16)
4. court's reasoning on statutory provisions. (Para 8 , 9 , 12 , 14 , 17 , 18)

Evrol Mariette Peters J:

Introduction

[1] This was an appeal by the Petitioner against the decision of the Deputy Registrar in instructing the Petitioner to adduce a deoxyribonucleic acid ("DNA") report, pursuant to the request of the Respondent.

[2] In the interest of privacy and considering the sensitivity of the issues in these proceedings, the Petitioner has been anonymised in this judgment as SKY, and the persons claiming to be her mother and father, as ICU and SIN respectively.

The Factual Background

[3] The Petitioner was born on 27 March 2015, and in her birth certificate, her parents were listed as ICU, a foreign woman, and SIN, a Malaysian man. ICU and SIN subsequently registered their marriage on 16 April 2015.

[4] Since the Petitioner was born out of wedlock, she, through her litigation representative, SIN, filed an application ("the Application") pursuant to s

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2023 MarsdenLR 269

HIGH COURT MALAYA KUALA LUMPURSKY – AppellantVersusPEGUAM NEGARA – Respondent

Cases Referred (1)

HIGH COURT MALAYA KUALA LUMPUR
SKY – Appellant
Versus
PEGUAM NEGARA – Respondent