Kikar brings an interesting psak from Rav Yitzchak Zilbershetin, the rav of Ramat Elchonon in Bnei Braq.
A question was brought to him by a husband who was asking about his wife. He claims to have recently discovered that she is of Chinese origin. A few years after they married, they had a baby who was born with Chinese slanted eyes. Unable to hide it any longer, the wife then admitted that she was originally Chinese and had had a surgery to straighten her eyes and remove the Chinese appearance from her.
He was very angry at the time, but did nothing about it. After having two more children together, suddenly he decided that enough is enough and he can no longer stay married to her. His children will have problems with shidduchim, he assumed
This fellow asked Rav Zilbershtein if the marriage is valid as he had been deceived. Perhaps it is a mekach taus.
Rav Zilbershtein responded that this is not considered a blemish and is not a valid cause for declaring it a mekach taus. Upon further investigation, upon the insistence of the husband, Rav Zilbershtein found a similar case in the Ben Ish Chai of a woman who couldn't close her eyes all the way, and the Ben Ish Chai declared it a blemish and therefore the marriage a mekach taus. However, Rav Zilbershtein said, that was actually a blemish, while the slanted eyes is not a blemish - perhaps the slanted eyes are normal and ours are the incorrect way.
So, Rav Zilbershtein paskened that he has no room to declare it a mekach taus. If however the woman would ahve been discovered to have been black originally and the child had beenborn black, that would be enough reason to declare mekach taus, as being black is a descendant of Cham, the accursed son of Noach, whereas slanted eyes of Asians is not a curse -as a third of the world has them.
I would suggest three more points for consideration:
1. the fact that he discovered the issue and then stayed with her and had two more children together. Perhaps had he complained right away there might have been room to discuss it, but after he discovered the issue and chose to stay with her it seems to me that would be an implicit acceptance of the situation and negate any further claim of melach taus
2. geirus. was she originally a Jew or a convert. Perhaps that would also be an issue for consideration, but it isn't discussed here. His children would not be allowed to marry kohanim if she was a convert. Would it make a difference if he is a kohein?
3. divorce: without declaring it a mekach taus, if it bothers him so much he can always divorce her. It seems he wants to get out of the marriage without paying her the required payments of the kesuba and perhaps legal payments such as alimony (I would assume he couldn't get out of child support), and that is why he is looking to have it declared mekach taus. But he does have other options, though they cost.
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