Contest or Wait for Wife to file it
10-Oct-2024 (In Divorce Law)
We live in Canada and visited India for my brother's wedding. The day before our return, my father-in-law took my wife, citing medical reasons, and promised to bring her to the airport, but she never returned. It’s been 17 months. She kept asking for space and didn’t return despite my two visits. Recently, she asked for a mutual divorce, which I agreed to, but she went silent after I sent the draft. Now, she's asking for my ITR for 3 years, raising suspicion. Lawyers advise either waiting or fil
Gather Documentation and Evidence:
Maintain a record of all communications with your wife and her family, including messages, emails, or calls.
Document all the dates, visits, and efforts made from your side to facilitate her return.
Keep the draft of the mutual divorce agreement and any responses or lack thereof from her side.
Evaluate the Request for ITR:
Typically, if someone is asking for Income Tax Returns (ITR), it might be for financial information, particularly if alimony or financial settlement is being considered. Ensure that you understand why this information is being requested before providing it.
Discuss with your lawyer whether sharing this information is necessary at this stage. If there is no formal legal process initiated (e.g., divorce or maintenance case), sharing financial documents might not be advisable without clear reasoning.
Explore Legal Options in Both Countries:
Given the cross-border nature of this issue, you should seek legal advice both in Canada and India. Different legal jurisdictions may have varied implications for marital disputes.
Your lawyers in India can help explore whether there are any ongoing legal actions against you, such as domestic violence complaints, maintenance suits, or other cases filed without your knowledge.
Proceed with Caution:
If your wife has not responded to the mutual divorce draft and has suddenly requested financial documents, it may indicate that she or her family is planning to initiate legal proceedings.
Your lawyer’s advice on waiting or filing a complaint might depend on whether you want to take proactive legal action (e.g., restitution of conjugal rights) or wait to respond to any legal notices.
Consider Filing a Complaint:
You may consider filing a complaint with the local authorities in India, highlighting that your wife has been kept away under duress or pressure from her family. This can serve as a preventive measure should any false allegations arise.
Protect Your Rights:
Consult your lawyers on the best way to protect your assets and interests, especially if you anticipate any claims on your property, assets, or finances.
No need to share your ITR to your wife. You are not bound to share it. It is possible that she's preparing to file a divorce or domestic violence case Avan you.
My suggestion to you is to wait for her to file the divorce case and then contest it
Meanwhile, you can send a notice through an advocate for getting the marriage dissolved by way of mutual consent.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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