Cricketer Shikhar Dhawan’s ex-wife has been ordered to repay approximately AU$894,397 ( ₹5.7 crore) to the cricketer by the family court Patiala House Court in New Delhi.
This includes AU$812,397.50 received as an interim property settlement from the Berwick property and AU$82,000 withheld from the sale of another property in Clyde North, the ANI report said.
Based on threats, blackmail, trickery and fraudulent conduct, a court ordered Ayesha Mukherjee, an Australian fitness influencer, to return part of the interim property settlement from the sale of the Australian property to the cricketer.
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According to an ANI report, the court said the documents executed by Dhawan, which culminated in a financial settlement with his estranged wife, are invalid.
The court also ordered that interest at the rate of 9% per annum be paid on these sums from the date of suit until paid in full.
Dhawan’s ex-wife was prevented from enforcing an injunction against the suit granted by an Australian court and order dated 2 February 2024.
What did the Australian court say?
The Bar and Bench report said that through its February 2024 order, the Australian court divided the parties’ global pool of assets, including Dhawan’s real estate and financial assets in India.
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Ayesha received an additional 15% of the tangible asset pool – in addition to retaining AU$1.17 million in assets, she was given an additional AU$2.5 million due from Dhawan.
The Australian court also ordered the transfer of property to the wife and stipulated consequences for non-compliance.
The action was decided ex parte due to the absence of the defendant. The court directed the preparation of the decree sheet and made no order as to the costs of the proceedings.
The decision clarifies the position on enforcement of foreign matrimonial orders in India while providing financial relief and legal protection to the claimant.
What did Shikhar Dhawan say?
Shikhar Dhawan told the court that shortly after their marriage in 2012, his wife started threatening him that she would spread “fabricated, defamatory and false” material against him and destroy his reputation and cricket career, the Bar and Bench report said.
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The cricketer told the court that his ex-wife forced him to register all the properties he bought with her money in their joint names. The wife was listed as the 99% owner of one of the properties he bought.
Between 2021 and 2024, an Australian court made several orders relating to the division of properties between the parties.
However, Dhawan argued that the amount of money calculated by the Australian court was against the provisions of the Hindu Marriage Act and Indian law. The cricketer has sought a declaration that he is not bound by the orders issued by the Australian court.
After considering the case, the family court agreed with Dhawan’s arguments and ruled that he was not bound by the order of the Australian court.
A Delhi court has set aside a foreign court’s decision on a property settlement, saying it cannot be enforced domestically.
