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karira

Spouse cannot be third party - if marriage still subsists

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karira

In a matter related to disclosure of Income Tax details of a spouse, the CIC has ruled that a spouse cannot be treated as "third party" as long as the marriage subsists:

 

It appears to me that there is estrangement between the husband and

the wife. The wives generally try to collect this information for canvassing

their cases in the Family Courts for grant of maintenance. A wife can not be

treated as third party in the strict sense of the term, so long as the marriage

subsists. However, after divorce, the legal position changes. I am told that

marriage still subsists between the appellant and Shri Shobhit Garg. Hence,

it will not be correct to deny information on the ground that the appellant is a

third party. In the given facts, I order that gross income and net taxable

income declared by Shri Shobhit Garg in the last ITR filed by him, may be

disclosed to the appellant. No other information is required to be disclosed.

 

Full order is attached to this post.

Spouse not a third party if marriage subsists.pdf

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