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HIGH COURT MALAYA KOTA BHARU
... & ANOR – Appellant
Versus
MUHAMMAD RISYA RIZUAN MAT ARIPIN – Respondent
| Table of Content |
|---|
| 1. application for declaratory order of paternity. (Para 1 , 2 , 3 , 4 , 5) |
| 2. jurisdiction issues concerning syariah and civil courts. (Para 6 , 7 , 8 , 9 , 12) |
| 3. distinction between paternity and legitimacy. (Para 10 , 11 , 19 , 20 , 21) |
| 4. court's authority to determine paternity based on dna evidence. (Para 18 , 22 , 26 , 34) |
| 5. conclusion affirming the child's right to know paternity. (Para 35) |
Introduction
[1] This is an application by the Applicant under O 92 r 4 of the Rules of Court 2012 (ROC 2012) and under s 42 of the Specific Relief Act 1950 ( SRA ) for a declaratory order that the 1st Applicant is the biological son of Muhammad Risya Rizuan Mat Aripin based on the certificate of analysis Lab No: DM220305676 dated 1 April 2022 from DNA Laboratories Sdn Bhd.
[2] The 1st Applicant is a child and for the purpose of this application is acting by his mother who is the 2nd Applicant.
The Salient Facts
[3] The 2nd Applicant in her affidavit contended that she and the Respondent had an extramarital affair on 12 November 2020. As a result of the affair, the 2nd Applicant became pregnant and gave birth to the 1st Applicant.
[4] Upon being p
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