' The petitioner has assailed the order of respondent No,2, Additional District Judge, Sargodha, whereby he had dismissed the appeal of the petitioner against the judgment of respondent No,3, who had awarded the custody of minor Aamir Suhail to respondent No,1, Mussarat Sultana, who is real mother of the minor and he had already got the custody of Rustam Ali, younger son of the parties. Both the parties are present in the Court today alongwith minors. The minor, Aamir Suhail is about 6 years of age and minor Rustam Ali is 5 years of age. The petitioner had admittedly re- married and the custody of the minors, Aamir Suhail is with the paternal grandmother, who lives in the same house. Minor Aamir Suhail is studying in Class-II in M.C. Primary School, Sillanwali while Rustam Ali is studying in Class-I in Ghazali Public School, Sargodha.
2. Learned counsel for the petitioner has argued that the petitioner has only one son with him and issues from his second wife are two daughters and the minor is properly looked after by his paternal and mother, therefore, there is no reason to shift the custody of the minor to mother. It is also argued that the petitioner has better means the mother.
3. Learned counsel for respondent No,1 has argued that the petitioner has entered into second marriage and in such circumstances, respondent No,1 is entitled to custody of the minor and her younger son is going to school and minor Aamir Suhail can go to same school with his brother and minor Aamir Suhail can be properly looked after by his mother also.
4. I have heard the learned counsel for the parties and I have also gone through the record with their able assistance.
5. Since the petitioner has already re-married second time and respondent No,1 has not re- married. Minor, Rustam Ali, who is living with her, has been properly looked after and he has answered the questions of the Court intelligently. Further, she is real mother of the minors, her affection and devotion cannot be matched by anyone else. It is also in the interest and welfare of both the minors, who are very close to each other that they should be brought up together. The petitioner is employed in police as constable in Sargodha, where respondent No,1 is residing while minor, Aamir Suhail is living with his paternal grandmother in Sillanwali, therefore, mother of the minors can give constant attention to the minors she has committed to bring up her children.
Therefore, I find no impropriety and infirmity in the orders, of both the Courts below and thus, they cannot be interfered in the exercise of Constitutional jurisdiction. This petition is dismissed. Minor, Aamir Suhail, who is present in the Court is given to the custody of mother. However, both the minors are entitled to meet their father, who is currently posted in Sargodha. The petitioner may meet both the minors on alternate Saturday in the Court of learned Guardian Judge, Sargodha. If this arrangement causes any inconvenience to the parties, they may apply to the Court of learned Guardian Judge, who shall fix the visitation schedule.