Legal measures for a mentally retarded person who is marrying

603 votes

You should get an affidavit from the girl stating all the facts regarding your cousin's health and situation and get the affidavit registered with tehsildar.

If the girl starts some legal proceedings later then you have a safeguard.

--- Adv Rohit Malhan

Advocate Rohit Malhan LawRato

927 votes

Greetings,
The conditions of your cousin prevailing at the time of marriage decide its validity. An individual who is not capable of comprehending what is happening to him, or her, cannot give consent for marriage. If The individual has not have the capacity for procreation then also it is not advisable to get him married. As marriage is tagged with lifelong responsibilities, certain restrictions are imposed.

There are two questions with reference to the marriage.
1. Is the marriage a valid one?
2. Is it possible for the relationship to continue?

Its all upon your cousin's mental and physical status.

If your cousin is unable to give a valid consent to it in consequence of unsoundness of mind,
or
He has been suffering from a mental disorder, of such a kind or of such an extent, as to be unfit for marriage and the procreation of children.

These are the situations which will decide his rights and other after marriage issues.
You should consult a lawyer with your cousin's medical records for detailed consultation.

Regards

Advocate Ranjana Dhupar LawRato

771 votes

Section 5 Hindu marriage Act states
at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

so the marriage of your cousin is not valid in eyes of law.
so you are advised to approach a lawyer and consult how to tackle the situation and things to be taken care of .

Advocate Pratik Duhan LawRato

959 votes

you cannot marry a mentally challenged person as he is not capable of giving free consent to the marriage. The girl shall also not be happy and after sometimes, she shall start having problems with him. and if the mentally challenged person is owner of some property, then the problem becomes more acute.

Advocate Devender Kumar Kataria LawRato

855 votes

Legally not to do this. Both will be mentally fit for merry according to marriage act in India. So its advice to you that will avoid this matter. Marriage will not register in any condition. So be avoid this.

LawRato LawRato