Note: this post is a part of our important question answer series on Family Law. You can read other questions by clicking here.
Answer
Mental capacity
refers to the state of mind where a person has the capacity to understand one’s
affairs, obligations and implications involved in a marriage. In common
parlance, a person of unsound mind, a person having any mental disorder or an
insane person is considered mentally incapable in India.
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Section
5 of the Hindu Marriage Act, 1955 lays down conditions for a valid Hindu
marriage. The second condition of this provision provides three parameters, one
of which should be possessed by neither of the parties at the time of their
marriage. They are:
1.
Parties being restricted by unsoundness of mind to provide a valid consent; or
2.
Parties are capable of providing valid consent but are suffering from mental
disorders which can prohibit them from living a healthy married life, and
affect children appropreation; or
3.
Parties are subjected to frequent insanity attacks.
Section
5(ii) reads with Section 12(1)(b) of the Act of 1955 reveals that if the above mentioned
conditions of Section 5 is contravened, then such marriages being subjected to
Section 12, will be declared as voidable by nature.
Further,
suffering from unsoundness of mind and any kind of mental disorder has also
been made a ground for divorce under Section 13(1)(iii) of the Act.
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