Law:

Section:

(a) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Civil Procedure Code (V of 1908), S.24---Transfer of case---Principle--Petitioner sought transfer of application under S.25 of Guardians and Wards Act, 1890, on the allegation of losing faith in Court---Validity---Such ground was not available to litigant unless litigant was able to demonstrate from the record that the Judge had acted with malice or that he deliberately-committed an irregularity or some previous circumstances were pointed out or similar other cognate factors were demonstrated to have existed---High Court declined to transfer the case from one court to another court on mere saying of applicant that he had lost faith in Trial Court---Application was dismissed in circumstances. (b) Guardians and Wards Act (VIII of 1890)--- ----S. 25---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Parentage of child---Determination---DNA test, need of---Bearing of cost---Scope---Question whether applicant was father of child or not had to be decided on the basis of evidence available---Family Court was to decide whether it needed DNA test or not and cost of such test should be borne by the party who made the application for the test. JUDGMENT SHAHID ANWAR BAJWA, J.---Guardian and Wards Application under section 25 of the Guardians and Wards Act, 1890 was filed by the present petitioner. It was stated in the application that petitioner married respondent No.1 on 11-1-2001 at Karachi. It was further stated that during subsistence of marriage the petitioner contracted another marriage albeit because of attitude of the respondent No.1 with one Azra daughter of Allah Wasaya, on 15-12-2003 and out of this second wedlock a male baby Wasif Naseer was born on 16-2-2005. It was further stated in the application that' when second wife came to know of his first marriage, by consent, upon her seeking the second marriage was dissolved by way of divorce on 11-6-2005 and custody of the minor was handed over to the father. The father brought the child to his home and entrusted him to respondent No.1. Marriage of petitioner with respondent No.1 was .dissolved by way of Khuia in Case No.60 of 2009 but it is alleged that…

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