Hasrat tengok sijil lahir anak disyaki hasil hubungan sulit suami ditolak

The Supreme Court of Malaysia has rejected a woman's application for a birth certificate of a male infant, whom she claims was conceived from a difficult relationship with her husband. The court ruled that the request was speculative and appeared to be an attempt to gather evidence. The woman sought to obtain the birth certificate, known as J, in order to support her divorce petition against her husband.

The mother of J, referred to as C, denied having an affair with the woman's husband, asserting that the infant is not the child in question. The National Registration Department (JPN) informed the court that while J was born to C, the father's information for J was not obtained. Assistant Director of Public Prosecutions Nixon Kennedy Kumbong, while rejecting the woman's application for access to J's birth certificate, stated that the application was speculative and seemed to be an attempt to gather evidence.

The petitioner did not seek the document to prove existing facts, but rather to investigate suspicions - which have been firmly denied by the respondent (C). The law is clear that applications for the issuance of such documents cannot be used as a tool to explore possibilities, confirm assumptions, or gather evidence with the hope of disproving a claim.

Nixon emphasized that the requested document contains sensitive personal information, such as J's identity, mother's information, date of birth, and place of birth. Privacy of child under the age is a fundamental and highly protected principle by the court. The petitioner is not the parent or guardian of the child, nor has any legal relationship or right to access the child's birth record.