Just days after a new chapter in their personal life began with him Married to Sophie Shineformer indian cricketer Shikhar Dhawan An important legal victory was achieved as Delhi Family Court directed his ex-wife Ayesha Mukherjee To return approximately ₹5.7 crore received under the disputed assets settlement. The Patiala House Court judgment delivered on February 25 declared 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 battle.
Shikhar Dhawan case: India’s family court rejects Australian orders
The family court headed by Justice Devender Kumar Garg ruled that the property settlement agreement reached in Australia “null and void” After accepting Dhawan’s plea that the documents were executed under threat, coercion and fraud. The court said that Australian court orders relating to property division cannot be enforced against Dhawan in India, as they “Departed from Indian legal principles” Under Hindu Marriage Act.
In a significant financial direction, the court ordered Mukherjee 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 received from the sale of another property in Clyde North. The court also directed that interest at the rate of 9 percent per annum be paid on these amounts from the date of filing of the suit till full payment.
Additionally, the court barred Mukherjee from enforcing the Australian court’s anti-suit injunction and related orders against Dhawan.
Forced and threatened to damage Dhawan’s reputation
Dhawan had moved the Delhi court challenging the Australian proceedings and argued that he never voluntarily submitted to the jurisdiction of the foreign court. In his pleas, the cricketer alleged that soon after their marriage in October 2012, Mukherjee started threatening to circulate fabricated 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 jointly or primarily in the name of Mukherjee under duress. In one instance, Mukherjee was listed as the owner of 99 percent of a property purchased entirely with Dhawan’s money. Dhawan also alleged that he was forced to purchase property in Australia in his name, which was later sold in 2019, the proceeds of which were kept with him as part of the interim arrangement.
Australian settlement: What reward did it give to Ayesha Mukherjee?
The Australian Family Court had earlier passed an order in February 2024 to divide the couple’s global assets, which also included Dhawan’s property and finances in India. Under that agreement, Mukherjee was given 15 percent of the total asset pool, allowing him to retain assets worth approximately ₹7.46 crore (AU$1.17 million) and he was given an additional ₹15.95 crore (AU$2.5 million) from Dhawan along with the transfer of assets.
Between 2021 and 2024, several orders were passed by Australian courts regarding the division of his assets. Mukherjee, an Australian citizen, had sought 99 per cent ownership of three properties in Australia and custody of his son Zorawar.
Why is Australian law not applicable in India?
The Delhi court’s decision depended on fundamental differences between Australian and Indian matrimonial property laws. Under the Australian Family Law Act 1975, all assets – whether acquired in Australia or overseas – are brought into a “matrimonial pool” for division, with courts awarding up to 60 per cent of the 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 found that the Australian legal framework was inconsistent with Indian public policy and contrary to the Hindu Marriage Act. Since the marriage was solemnized and registered in India, the foreign court did not have jurisdiction to adjudicate on the dispute.
Judge Garg specifically said that Dhavan’s participation in the Australian proceedings could not be construed as voluntary submission to its jurisdiction, as it was allegedly done under fear and duress.
Also read: Shikhar Dhawan stops ‘false stories’ about first wife after second marriage
Dhawan’s marriage and divorce timeline
Dhawan and Mukherjee married in Delhi in October 2012. Mukherjee, who lived in Australia and had two children from a previous marriage, remained there after the marriage, while Dhawan continued to travel between the two countries. his son strong Was born in December 2014.
Differences emerged between the couple soon after the marriage, leading to prolonged legal disputes in both India and Australia. A Delhi court granted them divorce in October 2023 on the grounds of mental cruelty, noting that Dhawan had suffered mental trauma after being kept away from his son for years. While permanent custody was not granted, visitation rights and access to video calls were granted. Dhawan later said that he was subsequently prevented from interacting with his son.
Also read: All you need to know about Shikhar Dhawan’s wife – Irish beauty Sophie Shine
