
A businesswoman was granted a divorce but failed to obtain a court order compelling a DNA test on another woman’s child, whom she alleges was fathered by her husband in an extramarital affair.
Justice Evrol Mariette Peters ruled that the businesswoman, wife of a “Datuk Seri”, had failed to consider the child’s welfare, adding that the order was not in its best interests.
“Rather, it served solely to advance the respondent’s (businesswoman) own personal agenda,” Peters said in a 46-page judgment.
The judge said DNA tests should not be taken lightly, particularly if not sought by a child seeking to determine paternity.
Peters, now a Court of Appeal judge, said case law has repeatedly affirmed a child’s right to bodily autonomy and privacy, which cannot be compromised merely to substantiate…