1. ' The petitioner Nayyar Khatoon the petitioner hereinafter being unsuccessful in getting herself appointed as the guardian of her 4 minors children both by the Family Judge and the Appellate Court has filed this petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973.
2. Both the Courts below considered the welfare of the minors and dismissed her application for her appointment as the guardian of four minors and appeal filed by her.
3. ' Her four children are aged about 12 years (son), 10 years (daughter), 8 years (son) and 7 years (son). The fifth child (daughter) is about two years of age who is living with her.
4. ' The main contention that has been advanced by Mr. Muhammad Iqbal Choudhary, Advocate is that both the Courts below decided the case contrary to the evidence brought on record. He further contended that under the Muslim Law the right of Hizanat of the minors in this case lie with the mother. I have gone through the evidence and find that his contentions are not correct.
5. Sufficient evidence has been brought on record and both the Courts below decided the case on the basis of such evidence. The welfare of the minors has been considered and orders impugned herein passed on basis thereof.
6. ' On my enquiry in Court none of the 4 minors is prepared to go with the mother. On the contrary they state that they are happy with their father.
7. ' No ground has been pointed out to show any infirmity in the two judgments passed by the Courts below to attract jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973. The petition is dismissed in limine.