You are at liberty to make necessary disclosures for litigation in India
even if you sign the confidentiality agreement it would not affect litigation in India
Hi As a part of my divorce proceedings, I have to sign a confidentiality agreement, which is great concern because of finances and asset in India. How is it going to impact any litigation in India if something comes out in disclosures. the cause of which is in India. How will it affect reversal of of titles , joint accounts etc that might have been taken out of marrage
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You are at liberty to make necessary disclosures for litigation in India
even if you sign the confidentiality agreement it would not affect litigation in India
Any confidentiality against between wife and husband is not enforceable in India. Indian courts insists on full disclosure of assets and earnings from both. Same principle is followed in all of States in U.S.A. In this background no actionable opinion can be given without perusing the agreement.
It all depends upon the facts and circumstances of the case. Therefore anything disclosed in the divorce petition and the final decree and order may not be disclosed unless anyone legally wants to know.
You cannot suppress the facts that are material for taking a decision of distribution of assets between you and your spouse at the time of getting divorce in that country where it is mandatory to disclose the details of each other's assets especially the ones acquired after your marriage.
The assets in India lying on exclusively on your name alone may be withheld from disclosure, let she produce the documentary evidence before that court to prove that the said assets were acquired by you after your marriage with her, after which you can include the same as per court order, if proved.
First you sort out the assets in India and in the foreign country and then decide about what can be included and what not especially from the properties lying in India.
- Legally , you can enter into an agreement with your wife after mentioning all the conditions of property etc. , and submit the same before the court for passing divorce decree , and which will be bond on both the parties even after granting divorce from the court .
- But, a confidentiality agreement , means the agreement which executed after keeping the wife in dark , having no value in the eye of law .
Typically in divorce, a confidentiality agreement specifies that no one beyond the attorneys in the divorce action, the divorcing parties, the court where the divorce action is pending, and others directly involved in the case (experts retained by one of the parties or people who work in their offices) are allowed access to these documents or the information within. That means parties are prohibited from sharing the information with family, friends, the media (including social media) or anyone else. A spouse should not have continuing access to the other spouse’s confidential information after the case has finished although their attorney may retain a copy for the file, nor should they be able to rely upon any of the confidential documentation made available through the divorce litigation in other litigation in which they would not be entitled to receive such information.
But India things are very different. The tort of breach of confidentiality in India is based upon the violation of right to privacy. The right to privacy is not a right guaranteed explicitly by the Constitution. Indian courts start recognizing the right to confidentiality separately as in various other countries because it would also include cases which are not a part of right to privacy and deserve damages due to breach of confidentiality alone.
Any confidentiality against between wife and husband is not enforceable in India.
In India, a woman gets a right on her husband’s property only after his death. They are only eligible for maintenance, so to speak. But in US the things are different. US decree is not valid in India if it satisfy the sec.13 of CPC.So the assets in India on your name may be withheld from disclosure.
If the said fact is of public knowledge like courts etc. No confidentiality agreement will work in your favor. Only private matters can be executed and kept confidential with the said agreement