This blog post delves into the historical context of Indian divorce law, tracing its evolution from a predominantly fault-based system to the inclusion of the “irretrievable breakdown of marriage” as a ground for divorce. It will analyze landmark Supreme Court judgements that have shaped this shift, like “Shayara Bano vs. Union of India” (2017) which struck down instant triple talaq under Muslim personal law. The post will discuss the pros and cons of a no-fault system, exploring arguments for faster settlements and less acrimony versus concerns about trivializing marriage. Finally, it will explore the ongoing debate and potential future changes in Indian divorce law.pen_spark
