Shikhar Dhawan Wins Legal Battle: Court Orders Ex-Wife to Return ₹5.7 Crore
Court Ruling in Favor of Shikhar Dhawan
Shikhar Dhawan, the former captain of India's white-ball cricket team, received a significant legal victory when the Delhi Family Court mandated his ex-wife, Aesha Mukherji, to return ₹5.7 crore as part of their property settlement on February 25.
The couple, who tied the knot in October 2012, divorced in October 2023, with the court citing mental cruelty as the reason for the separation. They share a son, Zoravar, born in December 2014, two years after their marriage.
Aesha Mukherji Faces Setback
Nearly three years post-divorce, the Delhi Family Court reassessed the financial arrangements, deeming them unfair and instructing Aesha to return ₹5.7 crore to Shikhar as part of the revised settlement.
During the divorce proceedings in 2023, Aesha had requested AUS$ 2.5 million (approximately ₹13-16.9 crore) and sought 99% ownership of three properties in Australia, along with custody of their son. The legal disputes had been ongoing since 2021, with various Australian court orders being contested by Dhawan in India.
Court's Justification for the Ruling
Judge Devender Kumar Garg of the Patiala House Court stated that the property settlement from the Australian court could not be enforced in India. He explained that the Australian court's ruling was 'alien to Indian legal principles,' leading to the annulment of the foreign order.
The court directed Aesha to return ₹5.7 crore from two Australian properties located in Berwick and Clyde North, along with 9% interest from the date the lawsuit was filed until repayment is completed.
Legal Implications of the Ruling
This ruling signifies a substantial legal and financial triumph for Shikhar Dhawan, as Aesha Mukherji is now required to return the specified amount and interest, impacting her claims over the Australian properties.
The court found that Dhawan had signed the settlement documents under duress, including threats and fraudulent behavior, which influenced the court's decision to declare the agreements invalid.
Differences Between Australian and Indian Property Laws
The Patiala House Court highlighted that the Australian property settlement framework, established under the Family Law Act of 1975, is incompatible with Indian law as per the Hindu Marriage Act of 1955, making it unenforceable in India.
In Australia, properties are pooled for division based on various factors, allowing courts to award up to 60% of total assets. In contrast, Indian law mandates equitable distribution based on established legal principles, which the Delhi Family Court upheld in this case.