Question
I got my younger brother married about two months ago, within a few days of marriage I realized that the girl is not mentally healthy, her husband and family are not able to understand the meaning of anything, and I also realized that they have cheated us in a big way. I knew this before the marriage but later I came to know that the girl’s sister is under treatment for mental problems, we took the girl to a good psychiatrist, the doctor said after examination that the patient’s problem is severe and the chances of recovery are very slim, the marriage was a Sunnati marriage, my Only younger brother, I don’t have a father, mother and whole family is a victim of fraud, my brother works a small job, he is young and young, they will demand cabin money in the divorce decree and that was their plan. Can we get any legal help?
Answer
Muslim marriage is a civil contract. According to law no person who is mentally unsound can be bound by contract. Moreover, any contract entered into under duress is not legally enforceable. So if you can prove that the bride was mentally ill at the time of marriage and the marriage took place under the guise of concealing this illness then the marriage will not be valid. In that case the groom is not obliged to pay any dowry.