' This writ petition has been filed to call in question the judgment, dated 13-3-2000 passed by Additional District Judge, Khanewal dismissing the appeal of the petitioner whereby, the judgment, dated 13-11-1999 passed by the Guardian Judge, Kabirwala accepting the application for the custody of minor filed by respondent No,3 Mst. Amiran Bibi was maintained.
2. The facts giving rise to the present writ petition are that Mst. Amiran, the maternal grandmother of the minor, had filed an application for the custody of minor girl Mst. Shahzadi aged about 8 years in the Court of Judge, Family Court alleging therein that the mother of the minor girl, daughter of respondent No,3 had died after giving birth to her minor daughter/detenue and that welfare of the minor is that her custody be given to her. The application was contested by the petitioner and the Guardian Judge from the pleadings of the parties framed the following issues:--
(1) Whether the petitioner-plaintiff is entitled to get the custody of the minor? If so, on what ground?
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(2) Relief.
3. After recording and appreciating the evidence of the parties, pro and contra, the Guardian Judge vide his judgment, dated 13-11-1999 accepted the application filed by the respondent.
4. Feeling aggrieved the present petitioner preferred an appeal and the appellate Court vide the impugned judgment, dated 13-3-2000 dismissed the appeal and maintained the judgment of the Guardian Judge.
5. Learned counsel for the petitioner contended that both the Courts below have not appreciated properly the evidence of the petitioner and that welfare of the minor is that her custody be given to her real father.
6. I have heard the arguments of the learned counsel for the petitioner and perused the record.
7. The petitioner has contracted second marriage with the mother of the minor girl who after giving her birth had died. It is admitted position between the parties that at the time of filing of the application the minor girl was aged about 8 years. After the death of mother of the minor detenue the petitioner had contracted his third marriage and the children were born from all the three wives of the petitioner. The maternal-grandmother has preference to retain the custody of minor maternal-granddaughter against the father. The welfare of the minor is that being woman the grandmother would take care of the needs of her grand-daughter in the better way than the petitioner. From the date of her birth, the minor has been in custody of her maternal-grandmother.
Under Muslim Law of Hazanat in the absence of mother, the mother's mother, is entitled to the custody of the female child, unless she is found disentitled for the custody of the minor due to some well-reasons recognized by Qur'an and Sunnah. The lap of the maternal-grandmother is better for a minor girl than her step-mother particularly who has her own children. Both the Courts below while passing the impugned judgments took a count of every bit of evidence placed before them and were not shown to have been overlooked of any part of the record from their judicious consideration and they have come to the conclusion that the welfare of the minor is that her custody be given to her maternal-grandmother.
8. The findings of Courts below on question of fact and law are based on proper appreciation of oral as well as documentary evidence laid in the suit was not susceptible to review to be upset or substituted in exercise of writ jurisdiction and the findings recorded by the two Courts below on question of fact could not be upset merely on the ground that another view of evidence was possible or re-appraised. Learned counsel for the petitioner has not been able to point out any illegality, jurisdictional defect or misreading and non-reading of evidence and these findings of lower Courts based on material on record would not be amenable to interfere in exercise of Constitutional jurisdiction of this Court.
' For the foregoing reasons, there is no force in this writ petition which is accordingly dismissed in limine.