Agreement Of Unsound Mind
On the other hand, under Indian law is a person with an unhealthy mind, if it is state of non-solidity is not competent to bear. The consent of a person of the unhealthy mind is invalid, Amina Bibi v. Saiyid Yusuf (ILR (1922) 44 All 748). However, a person who is generally of a healthy mind but sometimes of unhealthy mind cannot make the contract if he is of unhealthy mind, while a person who is generally of unhealthy mind, but who is sometimes healthy, can tighten in these intervals when he is healthy. In Nilima Ghosh v. Harjeet Kaur (AIR 2011 del 104), the most important issue in the declaration of an agreement was whether the person in question was mentally disabled at the time the agreement was implemented. Let us now turn to the definition of the healthy mind with regard to contract law in India. According to Section 12 of the Indian Contract Act,1872, a person must be in good health for contracting purposes if he or she is able to understand it at the time of his contract and make a rational judgment about its impact on his or her interests. In kanhaiyalal v.
Harsing Laxman Vaniari (AIR 1944 Nag 232) was found that the weakness of the mind is not disolidaed. The psychic disability that arises for some reason deprives a person not only of the full understanding of the transaction, but also of the consciousness that he does not understand. So a person with an unhealthy mind is not necessarily a madman. It is sufficient that the person is not able to assess the consequences of his or her actions. Inder Singh v. Parmeshwardhari Singh (AIR 1957 Pat 491), Sinha J. explained the effect of Section 12 in the following passage: India`s contract law also treats a drunken person similar to a person of unhealthy mind. At Ashfaq Qureshi v. Aysha Qureshi (Nivedita Yadav) (AIR 2010 chh 58), where a Hindu girl was married to a Muslim man, the girl filed a complaint because she was not in her direction because she was intoxicated at the time material and was not aware of the conversion in class and the Nikah ceremony. And that she had not lived with this man for a single day.
She proved all the facts stated, and the marriage was therefore annulled because he was drunk, so that he was not able to make a decision and make a rational judgment on his interest.