Big legal victory for Shikhar Dhawan: Delhi Court orders to return Rs 5.72 crore to ex-wife, Australian ‘property settlement’ against Indian laws

New Delhi: Former Indian cricketer Shikhar Dhawan has received significant relief from Delhi’s Patiala House Family Court. Judge Devendra Kumar Garg, while delivering the verdict on Monday, directed Dhawan’s ex-wife Ayesha Mukherjee to return approximately Rs 5.72 crore (AU$812,397.50 + AU$82,000 in Australian dollars). The court clarified that ‘property settlement’ orders given by the Family Court of Australia will not be applicable in India, as it is contrary to Indian laws, especially the Hindu Marriage Act.

How did the controversy start?

Dhawan and Ayesha (Australian citizen) were married in 2012, but separated in 2021 and got divorced by a Delhi court in 2023 on the grounds of ‘cruelty’. After the divorce, the Australian Family Court, under ‘Property Settlement’, had ordered Dhawan to give a major part of the amount received from the sale of two properties (Berwick and Clyde North) in Australia to Ayesha. There is no provision in Indian law to create a ‘marital pool’ of such property and give up to 60% of such property to the wife.

Dhawan’s claim and court’s comment

Dhawan filed a petition in the Delhi court saying that he had appeared in the Australian court not on his own will, but because of threats from his ex-wife. Ayesha had threatened to spread career-ruining material if they did not cooperate. The court held that this consent was taken by force, fraud and threat, hence the financial agreement is cancelled.

Judge Garg said:

“The concept of ‘property settlement’ under the Australian Family Law Act, 1975 is against Indian public policy, the Hindu Marriage Act, the Transfer of Property Act and other laws. Foreign orders are not automatically enforceable in India, especially when they are inconsistent with Indian matrimonial law.”

Main orders of the court

– Ayesha will have to return the total amount received from the property sale (AU$812,397.50 + AU$82,000) to Dhawan.
– 9% annual interest will also have to be paid on this amount from the date of filing of the case till the final payment.
Ayesha’s demand of Rs 16.9 crore was rejected on the basis of Australian order.
The case went one-sided because Ayesha did not file a reply in the Delhi court.