Own Sophie Shine Just days after starting a new life with, the former Indian cricketer Shikhar Dhawan scored a significant legal victory when the Delhi Family Court granted bail to his ex-wife Aisha Mukherjee Ordered to return approximately ₹5.7 crore received under the disputed property settlement. The Patiala House Court’s decision, delivered on February 25, made it clear that orders passed by the Australian Family Court in their matrimonial dispute are not binding in India, marking a turning point in the long-running cross-border legal conflict.
Shikhar Dhawan case: Australian orders quashed by Indian Family Court
The Family Court, presided over by Judge Devendra Kumar Garg, ruled that a property settlement agreement in Australia “null and void” Because Dhavan argued that the documents were executed under threat, duress and fraud. The court also said that Australian court orders relating to property division cannot be enforced in India against Dhawan, as these “Foreign to Indian legal principles” Under the Hindu Marriage Act.
In a significant financial direction, the court ordered Mukherjee to return the proceeds of the sale of two properties located in Australia – AU$812,397.50 as interim settlement received from a property in Berwick and AU$82,000 from the sale of another property in Clyde North. The court also directed that 9 percent annual interest be paid on these amounts from the date of filing of the case till full payment.
Additionally, the Court prevented Mukherjee from enforcing the Australian Court’s anti-suit injunction and related orders against Dhawan.
Pressure and threats to damage Dhawan’s reputation
Dhawan challenged the Australian proceedings in the Delhi court, saying he never voluntarily accepted the jurisdiction of the foreign court. In his submissions, the cricketer alleged that soon after their marriage in October 2012, Mukherjee threatened to circulate false and defamatory material to damage his reputation and cricket career if he did not meet his financial demands.
The court was told that the properties purchased with Dhawan’s own money were registered either jointly or primarily in the name of Mukherjee under duress. In one case, Mukherjee was said to be the sole owner of 99 percent of a property purchased entirely with Dhawan’s money. Dhawan also alleged that he was forced to buy property in Australia in his name, which was later sold in 2019, and the proceeds were kept by him as part of an interim arrangement.
Australian settlement: what does it offer Aisha Mukherjee?
The Australian Family Court earlier passed orders in February 2024 dividing the couple’s global assets, which included Dhawan’s properties and finances in India. Under that settlement, Mukherjee was allocated 15 percent of the total asset pool, allowing him to keep assets worth approximately ₹7.46 crore (AU$1.17 million) and he received an additional ₹15.95 crore (AU$2.5 million) from Dhawan, as well as the transfer of an asset.
Between 2021 and 2024, several orders were passed by Australian courts regarding the division of his assets. Mukherjee, who is an Australian citizen, had sought 99 per cent ownership of three properties in Australia and custody of his son Zorawar.
Why Australian law does not apply in India?
The Delhi Court’s decision was based on fundamental differences between Australian and Indian matrimonial property laws. Under the Australian Family Law Act 1975, all assets – whether purchased in Australia or overseas – are brought up for division into a “matrimonial pool”, in which the court can allocate up to 60 per cent of assets based on each party’s financial and non-financial contributions, future needs, and earning potential.
In contrast, Indian law mandates equitable distribution under the Hindu Marriage Act 1955 which is based on Indian legal principles. The Court observed that the Australian legal framework was inconsistent with Indian public policy and against the Hindu Marriage Act. Since the marriage was solemnized and registered in India, the foreign court did not have jurisdiction to adjudicate the dispute.
Judge Garg specifically noted that Dhavan’s participation in the Australian proceedings could not be construed as a voluntary submission to its jurisdiction, as it was allegedly done under fear and duress.
Dhawan’s marriage and divorce timeline
Dhawan and Mukherjee got married in October 2012 in Delhi. Mukherjee, who was based in Australia and had two children from a previous marriage, lived there after the marriage while Dhawan continued to travel between the two countries. his son strong Born in December 2014.
Disagreements arose between the couple soon after the marriage, leading to prolonged legal disputes in both India and Australia. The Delhi Court granted them divorce on the grounds of mental cruelty in October 2023, noting that Dhawan suffered mental trauma due to being away from his son for years. While not granted permanent custody, visitation rights and access to video calls were granted. Dhawan later said that he was barred from communicating with his son.
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