Abstract

• This research aims to analyze the settlement of matrimonial disputes by Kachin custom and tradition, which has been rooted since the old days. In deciding their matrimonial disputes, Kachin referred to the Salangs (elders). The opinions of Salangs (elders) with regarding to the settlement of disputes were respected and followed among the disputants. The principles and opinions of the council of Salangs (elders) are gradually developed into Kachin custom and tradition up to present time. Settlement of matrimonial disputes under Kachin custom and tradition is immemorial, reasonable and not opposed to the natural justice. No one can deny that the source of customary law is the common custom of people. Hence, the court should take Kachin custom and tradition into consideration in deciding the matrimonial disputes between Kachin.