' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment, dated 17-9-2003 whereby a learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dismissed the Constitutional petition filed by the petitioners.
2. We need not to give the facts of the case as the same had been elaborately given in the impugned judgments.
3. We have heard learned counsel for the petitioners at quite some length and have gone through the documents appended with this petition. It is reflected from the perusal thereof that the respondent No,1 entered into a marriage contract with Mst. Safia in the year, 1986 and out of the wedlock three sons were born, Mst. Safia died in the year, 2001. Since he was deprived of the custody of the minor after the death of his wife, as such, he moved a petition under section 25 of the Guardian and Wards Act on 25-9-2002 for their custody. The petitioners-defendants controverted the stance taken by him. Out of contradictory pleadings, issues were framed and the parties led their evidence. The learned Civil Judge/Guardian Judge, Haroonabad, through his judgment, dated 25-4-2003 accepted the petition ordering that the minors be handed over to him.
The petitioners filed an appeal, which was dismissed by the learned Additional District Judge, Haroonabad on 27-5-2003. The Constitutional petition filed by them also met the same fate and was dismissed on 17-9-2003 by the Lahore High Court, Bahawalpur Bench, Bahawalpur. Hence, this petition for leave to appeal.
4. We have considered the contentions raised by the learnedcounsel for the petitioners and have gone through the documents appended with this petition. Admittedly, respondent No,1 is real father who has till date not contracted the second marriage after demise of his wife simply for sake of his minor children. The two Courts below i.e, the learned Guardian Judge, Haroonabad, as well as the learned Additional District Judge, Haroonabad, after thrashing the entire evidence, determined the question of welfare of the minors which determination has been maintained by the learned Single Judge of the Lahore High Court, Bahawalpur Bench, Bahawalpur. Learned counsel for the petitioners has failed to point out any legal infirmity in the impugned judgment.
5. Resultantly, for what has been stated above, the instant petition being devoid of any force is hereby dismissed. The leave to appeal is declined.