Shikhar Dhawan’s Divorce With Wife Ayesha Mukerji Finalised By Delhi Family Court On Grounds Of ‘Cruelty By Wife’

Team India cricketer and Punjab Kings (PBKS) captain Shikhar Dhawan received a massive relief from Delhi Family Court on Wednesday, when he was granted divorce from his estranged wife Ayesha Mukerji on grounds of ‘cruelty by wife’. Judge Harish Kumar acknowledged an agreement by both parties to dissolve their 11-year marriage, noting they have lived separately since August 8, 2020.

The court’s statement highlighted the respondent’s—Dhawan’s estranged wife—decision to leave the matter uncontested, interpreting it as a desire for the court to issue a divorce decree even while admitting guilt to matrimonial offences.

Harish Kumar’s family court judge while dissolving their 11 years old wedlock said, “There is no dispute that both parties had agreed to take divorce by mutual consent and that their marriage is otherwise dead long ago and have not been living as husband and wife since August 8, 2020.

“Respondent’s/ estranged wife intentional decision to leave this matter uncontested also shows her desire that the court should pass decree of divorce even at the cost of holding her guilty of the matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the petitioner with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia,” the court said in its ruling in favour of Dhawan.

Delhi Family Court has accepted all the allegations made by Shikhar Dhawan against his wife in his divorce petition. Dhawan's wife failed to defend herself. pic.twitter.com/VDPHQISSjt — Mufaddal Vohra (@mufaddal_vohra) October 4, 2023

“This thought of her has given her the courage to not abide by the order dated March 2, 2023 and June 6. 2023 of this court deliberately and intentionally. Hence, the facts and circumstances of the present case as discussed above petitioners are entitled to a decree of divorce on the grounds of cruelty,” the Court added.

Despite violations of previous court orders dated March 2, 2023, and June 6, 2023, the court concluded that the circumstances substantiate the entitlement to a divorce decree for Dhawan on the grounds of cruelty. Consequently, the marriage that took place on November 30, 2012, according to Sikh rites, has been legally dissolved as per Section 13(1)(a) of the Hindu Marriage Act (HMA).

Shikhar Dhawan, who has also sought permanent custody of his minor son, claims the respondent’s behaviour, marked by consistent detrimental actions towards the child since birth and a pending criminal case, is psychologically and morally harmful. Custody issues are further complicated by contrasting orders from Indian and Australian courts.

Whereas Dhawan was directed by an Australian court to withdraw his claims for custody pending in India, the respondent was similarly instructed by the Delhi court to withdraw her Australian proceedings, referencing the initial commencement of proceedings in India and the ‘doctrine of forum convenience’.

“The child is an Australian citizen and is in Australia. Any order or judgement can be implemented in foreign territory effectively only if the State machinery of that foreign country is willing to implement the same either voluntarily or under international obligations,” the court said.

“In the meantime, subject to the academic schedule of the child, the respondent is hereby directed to bring the child to India for visitation purposes, including an overnight stay, with the petitioner and his family members, atleast for half the period of school vacation during the academic calendar. Subject to the academic schedule of the child respondent is further under obligation to let the child have unsupervised meetings with the petitioner in Australia for sufficient duration as and when he visits Australia with advance intimation,” the Court said in an order.

In his plea, Dhawan alleged that he learned after marriage that the respondent’s primary motive was to exploit him financially, threatening defamation and career sabotage if he did not meet her monetary demands. “The petitioner bought three immovable properties in Australia from his own funds but was compelled by the respondent to make her the 99% owner in one property and joint owner in two properties. The respondent had taken a chunk of the net sale proceeds of one property and the entire net sale proceeds of the second property and was demanding that the title ofthe third property be transferred to her,” Shikhar Dhawan stated in his plea.