Cricketer Shikhar Dhawan has got legal relief. Delhi’s Family Court has ordered his ex-wife Ayesha Mukherjee to return Rs 5.7 crore with 9% interest. The court refused to enforce the Australian Property Settlement in India.
Former Team India captain and opening batsman Shikhar Dhawan has got a big legal relief. Delhi’s Family Court on Wednesday, February 25 directed his ex-wife Ayesha Mukherjee to return Rs 5.7 crore as part of property settlement. Shikhar and Ayesha got married in October 2012, but in October 2023, the Delhi Family Court granted divorce on the grounds of mental cruelty during marriage. They also have a son from this marriage, Zorawar, who was born in December 2014, two years after their marriage. When the Delhi Family Court granted divorce to Shikhar Dhawan, the court took into consideration allegations like emotional stress and refusal to cooperate in important family matters. Based on this, the court had decided to legally separate the two and finalize the property and financial settlement.
Big shock for Ayesha Mukherjee
Nearly three years after Shikhar Dhawan and Ayesha Mukherjee’s divorce, the Delhi Family Court reviewed the financial and property settlement. The court found that this division was inequitable and directed Ayesha to return Rs 5.7 crore to Shikhar under the revised settlement. Let us tell you that at the time of divorce in 2023, Ayesha Mukherjee had demanded 2.5 million Australian dollars (approximately Rs 13-16.9 crore) from Shikhar Dhawan as divorce settlement. Apart from this, Ayesha had also demanded 99% stake in three properties in Australia and the custody of her son. The case had been going on in the court since 2021, and several orders of Australian courts between 2021 and 2024 were challenged by Dhawan in India.
But now the tables have turned. Delhi’s Family Court has given a big blow to Ayesha Mukherjee by directing her to return Rs 5.7 crore. This amount is part of the revised property and financial settlement made in favor of Shikhar Dhawan.
Why did the court ask Ayesha to return Rs 5.7 crore?
According to Patiala House Court Judge Devender Kumar Garg, the property settlement of the Australian court cannot be implemented in India. Giving reasons for the decision, Judge Garg said the Australian court’s property settlement was ‘not in line with Indian legal principles’ and hence, the foreign order was cancelled.
According to this decision, Patiala House Court has directed Ayesha Mukherjee to return Rs 5.7 crore from two properties in Australia, one in Berwick and the other in Clyde North. Apart from this, Dhawan’s ex-wife will also have to pay interest at the rate of 9 percent on Rs 5.7 crore. This interest will be charged from the date of filing the case till the amount is paid.
This means Ayesha will have to return Rs 5.7 crore, along with 9% interest, to Shikhar Dhawan from two Australian properties Berwick and Clyde North that were part of the disputed settlement. This is a major legal and financial victory for the former Team India captain.
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According to reports, the court agreed that Shikhar Dhawan was made to sign the property and financial settlement papers through threats, extortion, manipulation and fraud. He was threatened that his image and reputation would be harmed if he did not agree to the terms of the settlement. Due to this, the court accepted that these agreements were not made voluntarily.
Since the Delhi Family Court has ruled in favor of Dhawan, Ayesha Mukherjee will lose control over two Australian properties in which she had earlier claimed majority stake. Now he will have to legally repay this amount from the sale or transfer of these properties, which also includes 9% interest on Rs 5.7 crore.
Why is Australian property settlement different from Indian law?
Ruling the property settlement dispute in favor of Shikhar Dhawan, the Patiala House Court said that the concept of property settlement under Australia’s Family Law Act 1975 is different from India’s Hindu Marriage Act 1955, and hence cannot be implemented in India.
According to the Australian Family Law Act 1975, all assets, whether domestic or overseas, are brought into a ‘marital pool’ (ie the total assets accumulated during the marriage) for division. Under this law, Australian courts can award up to 60% of the total estate. This division is based on each party’s financial and non-financial contributions, future needs and earning potential, rather than 50-50. In this case, Australian citizen Ayesha Mukherjee used the Australian court’s property framework to gain full ownership of three properties, but the Delhi Family Court ruled that such foreign law cannot override Indian legal principles.
In India, property and financial settlements are governed by the Hindu Marriage Act 1955, which mandates equal division of property based on Indian legal principles, including the rights and obligations of spouses in the country. Therefore, the Delhi Family Court ruled that the Australian Family Law Act cannot be applied in India, and directed Ayesha Mukherjee to return Rs 5.7 crore with 9% interest to Shikhar Dhawan under Indian law.