The article argues that family laws in India that allow nullity and divorce on grounds of ‘unsoundness of mind’ and ‘mental disorder’ discriminate against persons with mental disability and violate international law on rights of the disabled. Drawing from international human rights law, contemporary disability rights principles and models of disability, the article presents a critical overview of family law and judgements on nullity and divorce on grounds of ‘unsoundness of mind’ and ‘mental disorder’ and builds a case for removal of mental disability as a ground for annulment and divorce.