LEGAL PERSPECTIVES ON THE CAUSES OF DIVORCE: A COMPARATIVE STUDY OF FAULT- BASED AND NO-FAULT DIVORCE SYSTEMS IN INDIA AND THE UNITED KINGDOM

Divorce law reflects the social, moral, religious, and constitutional values of a society. The
legal framework governing dissolution of marriage determines not only the rights of spouses
but also the role of the State in regulating personal relationships. This study examines the
contrasting divorce systems of India and the United Kingdom, focusing on the evolution of
fault-based and no-fault divorce regimes. While India continues to retain a predominantly fault-
oriented model under different personal laws, the United Kingdom has transitioned to a modern
no-fault regime through the Divorce, Dissolution and Separation Act 2020.
The research explores how both jurisdictions address marital breakdown, judicial intervention,
gender justice, and individual autonomy. India inherited the fault-based approach from English
ecclesiastical law during the colonial period. However, post-independence India developed a
pluralistic personal law system where different religious communities are governed by separate
matrimonial laws. Consequently, the grounds and procedures for divorce vary according to
religion. By contrast, the UK adopted a uniform secular system and gradually moved towards
a non-adversarial no-fault structure.
This comparative analysis highlights the strengths and limitations of both systems and
evaluates the possibility of introducing a broader irretrievable breakdown principle into Indian
divorce law.