• Divorce in Canada - forged document

Hello,

We are undergoing divorce proceeding in Canada and both of them have married under special marriage act 1954 section 13. We found that the India income tax statement produced by ex-spouse is forged. 

We wished to ensure we validate the same back in India to prove dishonestly and fraud. We can get Canada court order to validate these income tax documents back in India. Thus we have below question:

1. wondering what is the process to authenticate and/or validate India income tax document back in India. 
2. If YES we can validate the same ideally how much time is involved in such process.
3. What paper/ documents or approval we need from ex-spouse along with Canada court order so that we are not stopped for any missing ex-spouse documents.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1) If you want to go for divorce process in Canada court than go with Mutual Consent Divorce that will be valid in India other will be invalid and again in India you both have to apply for the same.

 

2) Yes, I can make research work whether all income tax papers are valid or not in India by visiting Indian Tax Department. If you assign this task to me.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

My answers are as follows:

1. wondering what is the process to authenticate and/or validate India income tax document back in India. 
Ans: If any proceeding is pending before Indian court in the above matter then file relevant application to summon originals from the IT department in order to compare IT records produced before in foreign court.

2. If YES we can validate the same ideally how much time is involved in such process.
Ans: It may take 30 to 90 days.

3. What paper/ documents or approval we need from ex-spouse along with Canada court order so that we are not stopped for any missing ex-spouse documents.
Ans: Get certified copies of relevant documents from foreign court.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Send a RTI application to the department which is expected to issue the document had it not been forged. The Reply to RTI application would prove this to be untrue.

2. There is no process to validate a document which is forged. If this is genuine then you can get attested from Notary.

3. Question is not clear.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. See you can file an application before the income tax authorities to review same citing that there is strong presumption that the returns are forged.

2. See it would be on income tax authorities they can deny same also as the proceeding is not before the indian court they cannot be summoned to Canada court.

3. Further contested divorce in Canada will not be valid file for mutual divorce in Canada or contested divorce in India.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.The formal procedure is to file an RTI Application. 

2.Section 7(1) of the RTI Act, 2005 obliges PIO to provide information within 30 days (in normal case)/48 hours (in case the information sought for pertains to life and liberty of a person) of the receipt of request for information.

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

File RTI application with income tax department as to whether said income tax returns were filed by spouse 

 

2) enclose copy of income tax statement filed in court proceedings in Canada 

 

3) it should not take more than 3 months or so 

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

Dear Concerned,

 

a-b. The documents which has been brought on record by ex-spouse should be brought on record in the concerned court in India, post that file an application in  court to get the documents verified from Income Tax Dept. 

 

c. All the documents filed by ex-spouse in Canada along with any documents you want to bring to the knowledge of the court. 

 

 

Best of luck 

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. If you are still undergoing divorce proceeding in Canada then why have you used the expression 'ex-spouse'? 

2. Be that as it may, on the orders of a court outside India the IT authorities in India will not validate the statement. You have to send an application under RTI Act to the IT Dept with a copy of the statement produced by ex-spouse to seek an answer as to the authenticity of the statement. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

You need to approach IT department through an application requesting them for the same. 

You should have the divorce document , that should be enough.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

There Is no provision in law to authenticate r validate a forged or fabricated or a fraudulent document, in India.

If you consider that the document is a fraudulent one, then on the basis of the information you rely upon, you must give a complaint before the concerned department  with evidence to prove your statement.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

1. Income tax is a valid system.

2. Yes you can validate it in india

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

1. Firstly the decree of divorce passed by the foreign court is not valid in India unless validated by the Indian District Court. However, you can file a divorce suit in India and pray for a direction upon the I.Tax authority to certify about the authenticity of the said I.Tax statement.

 

2. I.Tax department will not entertain you for certifying the genuineness of thebsaid statement, without Court order.

 

3. She is still your spouse and not ex-spouse. After getting the decree of divorce from the Court of Canada on mutual consent, both ofn you shall have to file a petition before the District Court in India for getting the foreign decree validated.Otherwise you both will be continued to be considered as legally married couple in India. 

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

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