MUHAMMAD GHAZANF AR KHAN, J.- Through the instant petition under Articl 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Mst. Hamida Bibi has called in question the judgment dated 22.5.2015 rendered by learned Additional District Judge-I, D.I.Khan vide which her appeal against the order dated 13.11.2014 of learned Senior Civil Judge/Guardian Judge, D.I.Khan was dismissed.
2. The brief facts giving rise to the instant petition are that petitioner Mst. Hamida Bibi being paternal grandmother filed an application for custody of two minors namely Mr. Aim aged about six years and Mst. Aliza aged about 11/2 years.
During proceedings,respondentnNo.2 being mother of minors, moved an application for interim custody of minor Mr. Aim.
Respondent No.2 submitted written reply . After hearing the arguments, the learned Senior Civil Judge/Guardian Judge, D.I.Khan accepted the application of respondent No.2 regarding interim custody of minor Mr. Aim vide order dated 13.11.2014.
3. Dissatisfied with the order dated 13.11.2014, the petitioner filed an appeal which was dismissed by learned Additional District Judge-I, D.I.Khan vide judgment dated 22.5.2015, hence the instant petition by petitioner .
4. I have heard the arguments of learned counsel for the parties and have gone through the available record.
5. The main contention of petitioner is that respondent No.2 is insane and earlier attempted thrice for poisoning the minor , but no such stance is available on record at the moment to support the version of petitioner . The mother has more love and affection with his children than fathe r and it is not appealable to prudent mind that a mother would dare to get away with her children. It was also argued by learned counsel for respondent No.2 that father of the minor has divorced her and contracted third marriage.
Moreover , the right of Hizanat, with respect to a male child, like the case in hand, appertains to the mother , grandmother , or so forth, until he becomes independent of it himself, that is to say, becomes capable of shifting, eating, drinking, and performing the other natural functions, without assistance, after which the charge devolve s upon the father , or next paternal relation entitled to the office of guardian, because then it becomes necessary to attend to his education in all branches of useful and ornamental science, and to initiate him into a knowledge of men and manners. Hizanat with respect to a boy ceases at the end of seven years as in general a child at that age is capable of perfo rming all the necessary offices for himself without assistance. In such circumsta nces, it would not be in the interest of justic e and minor as well to live with his step mother . Both the learned Courts below have rightly appreciated the facts on record and committed no jurisdictional error warranting interference by this Court in exercise of its constitutional jurisdiction.
6. For the reasons mentioned above, the instant petition being bereft of merit and substance is hereby dismissed.