Introduction

[1] This is an appeal from the decision of the High Court in Malaya at Kuala Lumpur allowing the respondent's application for a DNA test to be conducted to determine the paternity of a child, that the respondent claims to be the biological father of, despite the mother of the child, the 1st appellant, being lawfully married to the 2nd appellant at the time the child was born.

Background Facts

[2] The appellants are husband and wife. They were lawfully married on 3 March 2007. Whilst being married to the 2nd appellant, the 1st appellant gave birth to a child ("Child C") on 23 June 2008. However, despite the child being born during the subsistence of the 1st appellant's marriage to the 2nd appellant, the respondent claimed that he wa