Just days after beginning a new chapter in his personal life with his marriage to Sophie Shine, former Indian cricketer Shikhar Dhawan secured a significant legal victory as the Delhi Family Court directed his ex-wife Aesha Mukherji to return approximately ₹5.7 crore received under a disputed property settlement. The Patiala House Court’s ruling, delivered on February 25, declared that orders passed by an Australian Family Court in their matrimonial dispute are not binding in India, marking a decisive turn in the long-running cross-border legal battle.
Shikhar Dhawan’s case: Australian orders set aside by the family court in India
The family court, presided over by Judge Devender Kumar Garg, ruled that the property settlement agreement reached in Australia was “null and void” after accepting Dhawan’s contention that the documents were executed under threat, coercion, and fraud. The court held that the Australian court’s orders concerning property division cannot be enforced against Dhawan in India, as they are “alien to Indian legal principles” under the Hindu Marriage Act.
In a significant financial direction, the court ordered Mukherji to return the sale proceeds of two properties located in Australia – AU $812,397.50 received as interim settlement from a property in Berwick, and AU $82,000 retained from the sale of another property in Clyde North. The court also directed that interest at 9 per cent per annum be paid on these amounts from the date of filing of the suit until full payment is made .
Additionally, the court restrained Mukherji from enforcing the Australian court’s anti-suit injunction and related orders against Dhawan.
Coercion and threats to damage Dhawan’s reputation
Dhawan had approached the Delhi court challenging the Australian proceedings, arguing that he never voluntarily submitted to the foreign court’s jurisdiction. In his submissions, the cricketer alleged that shortly after their marriage in October 2012, Mukherji began threatening to circulate fabricated and defamatory material to damage his reputation and cricket career if he did not meet her financial demands.
The court was told that properties purchased with Dhawan’s own funds were registered either jointly or predominantly in Mukherji’s name under pressure. In one instance, Mukherji was listed as a 99 per cent owner of a property bought entirely with Dhawan’s money. Dhawan also alleged that he was compelled to purchase property in Australia in her name, which was later sold in 2019, with the proceeds retained by her as part of an interim arrangement.
The Australian settlement: What it awarded to Aesha Mukerji?
The Australian Family Court had previously passed orders in February 2024 dividing the couple’s global assets, including Dhawan’s properties and finances in India. Under that settlement, Mukherji was awarded 15 per cent of the total asset pool, which allowed her to retain assets worth approximately ₹7.46 crore (AU $1.17 million) and granted her an additional ₹15.95 crore (AU $2.5 million) from Dhawan, along with the transfer of a property.
Between 2021 and 2024, multiple orders were passed by Australian courts regarding the division of their assets. Mukherji, an Australian citizen, had sought 99 per cent ownership of three properties in Australia and custody of their son Zoravar.
Why Australian law doesn’t apply in India?
The Delhi court’s ruling hinged on the fundamental differences between Australian and Indian matrimonial property laws. Under the Australian Family Law Act 1975, all properties -whether acquired in Australia or abroad – are brought into a “marital pool” for division, with courts able to award up to 60 per cent of assets based on each party’s financial and non-financial contributions, future needs, and earning capacity.
In contrast, Indian law under the Hindu Marriage Act 1955 mandates equitable distribution based on Indian legal principles. The court observed that the Australian legal framework was inconsistent with Indian public policy and contrary to the Hindu Marriage Act . Since the marriage was solemnised and registered in India, the foreign court lacked jurisdiction to adjudicate the dispute.
Judge Garg specifically noted that Dhawan’s participation in the Australian proceedings could not be treated as a voluntary submission to its jurisdiction, as it was allegedly carried out under fear and coercion.
Dhawan’s marriage and divorce timeline
Dhawan and Mukherji married in Delhi in October 2012. Mukherji, who was based in Australia and had two children from a previous marriage, continued to reside there after the wedding while Dhawan travelled between the two countries. Their son Zoravar was born in December 2014.
Differences between the couple emerged soon after the marriage, leading to prolonged legal disputes in both India and Australia. A Delhi court granted them divorce in October 2023 on grounds of mental cruelty, noting that Dhawan had suffered mental trauma after being kept away from their son for years . While permanent custody was not granted, visitation rights and access to video calls were provided. Dhawan later stated that he was subsequently blocked from communicating with his son.
