Whether TIbetan Local Justice Commission can grant divorce:
Whether Tibetan Local Justice Commission as an institution can give divorce for the Tibetan refugees living in INDIA. or whether it can give judicial confirmation of the customary divorce that has taken place between the couple?
Note: we Tibetans are living in India as refugees. We are Buddhist and falls under Hindu law.Sec 29 of HMA accepts customary divorce.
We have Tibetan Government in Exile called as Central Tibetan Administration and we have Tibetans Supreme Justice Commissioner and local justice commission to adjudicate and decide civil disputes among the Tibetans after they submit an agreement of reference like arbitration. Although it is like a Court for the tibetans, technically we exercise jurisdiction after thee parties sign the agreement of reference which all tibetan are bound to do and obey the Tibetan Constitution and the laws enacted by the Tibetan parilaiment.
we have Tibetan Constitution enacted in 1991 and we have Tibetan parliament and the Tibetan Supreme judicial commission established in 1992 and local justice was established in 2002.
In Tibet, as per treatise " judical system on the roof of the world" by melani Shaffer, mutual consent divorce was existing custom in TIbet.
Now, Tibetan system has changed. The new law was codified in TIbet by CHina.
And, tibetan fled to exile in 1959 when China occupied Tibet.
Tibetan refugee Settlements ar established in 1970s and we have tibetan Settlement officer who adjudicate and decide disputes and also decide on matrimonial offences and divorce at time. So, Tibetan refugees living in India has followed and continued the custom of mutual divorce with the intervention of elders and village leader (like Panchayat) and settlement officers.
However, We have established formal legal system called Tibetan Justice Commission.
Tibetan Supreme Justice as Supreme Court at Dharamsala (1992)
4 Local Justice commission as District Court South India, North India, East and ladakh (established in the year 2001,2002 , 2012, 20 respectively)
( No high Court established)
Recently,Ladakh Tibetan local Justice commission has decided 3 contested divorce & 2 divorce under mutual consent.Will such divorce be valid in the eyes of Law.
2. Another question whether Tibetan Local Justice Commission can give judicial confirmation of customary divorce already taken place between the parties.?
Or whether Arbitrator can give divorce and if not, whether arbitrator can give recognition/confirmation of customary divorce?
Tibetan Local Justice Commission