Custody of minor girl to father

Mother's claim for guardinship of minor daughter, second marriage by mother with a person not related to minor within prohibited degree, father haveing three children from second marriage– validity– mere second marriage by father would not disentitle him from getting custody of his minor daughter– mother, according to Islamic Law, despite being entitled to custody of her minor daughter would become disentitled, if she took second husband not related to minor within prohibited degree, thus custody of minor in such case would belong to her real father. Custody of minor daughter was directed to be handed over to her father in cicumstances (2014 SCMR 343)