KUALA LUMPUR: A local woman yesterday succeeded in her application to dismiss a suit filed by her ex-boyfriend who claimed that she had exploited him for his sperm in order to conceive a child with European genes.
This followed a decision by Civil Sessions Court Judge Timothy Finlayson Joel in allowing the application by Chung Shun Yee.
The decision was made in chambers in the presence of lawyers James Ee Kah Fuk, representing Chung, and Nasser Yusof, representing the plaintiff, Ervin Ahbabovic, a Bosnian.
Ahbabovic was ordered to pay cost of RM6,500 to the woman.
The court, however, dismissed a counter-claim filed by Chung against Ahbabovic.
In the written judgement, Joel said the claim by Ahbabovic was baseless as there was no agreement which bound Chung to agree to pay or buy his sperm when they had intercourse.
“There was no purchase of sperm or contract stated in the affidavit and the statement of claim is baseless because what happened was that they were cohabiting as a couple and enjoying consensual sexual relationship,” he added.
On a claim by Ahbabovic that he was used as a tool to satisfy the defendant’s sexual lust, Joel said there was no basis for the plaintiff to expose their ‘private relationship’.
If such a claim was accepted by the court, he said, it would open the floodgate for such cases, which were against public policy.
Joel also ruled that that there was no marriage involved in the case and the child in the case was born out of wedlock.
On Sept 3, Ahbabovic filed a suit against Chung for RM600,000 in damages claiming that he had been used for his sperm to produce a child with European genes.
In his statement of claims, Ahbabovic, a commercial business development director in a company alleged that he had cohabitated with the local woman in 2008 following which they had a son together, who is now more than three-years-old.
He further claimed that his ex-girlfriend had chased him out of the house and prevented him from seeing his son, after which he tried to reconcile with her for the child’s sake.
The defendant allegedly responded with a shocking statement saying she had only used him to satisfy her lust and obtain his sperm for a European mixed race child, he claimed.
Ahbabovic also sought to be registered as the boy’s father, interest, cost and other relief deemed fit by the court.
In her counter-claim filed on Sept 30, Chung stated that Ahbabovic had threatened several times to kill her if she did not accede to his request.
She further claimed he also threatened to reveal personal photographs and videos taken secretly to her friends to destroy her career as a businesswoman.
She is seeking RM200,000 for loss of business, RM120,000 in compensation, as well as general and exemplary damages.
Meanwhile, Nasser, when met by reporters, said his client would appeal against the decision at the High Court. — Bernama