New Delhi: In a significant legal triumph for former Indian cricketer Shikhar Dhawan, a Delhi family court has ordered his ex-wife, Ayesha Mukherjee, to return nearly ₹5.7 crore that she received under a previous settlement, ruling that the foreign court order underpinning that settlement is not enforceable in India. The decision was delivered by the Patiala House family court after Dhawan filed a civil suit challenging the enforceability of an Australian family court’s property division order.
Judge Devender Kumar Garg ruled that the financial agreement and related documents were executed under threats, coercion, trickery, and fraud, rendering them null and void under Indian law. The court also directed that Mukherjee pay interest at 9 percent per annum on the returned amounts from the time Dhawan instituted the suit until full repayment is made.
The dispute stems from how Dhawan’s marital assets were divided under an Australian family court order during the couple’s divorce proceedings. That ruling, which required Dhawan to pay a large sum to his former wife, was based on the “property settlement” concept under Australian matrimonial law. However, the Delhi court noted that this concept is “alien” to Indian matrimonial law, including provisions under the Hindu Marriage Act, and thus cannot be enforced within the Indian legal system.
Consequently, the court set aside the foreign court’s orders concerning property settlement and stated that the division of global assets directed abroad should not bind Dhawan domestically. The court also restrained Mukherjee from enforcing the Australian court’s anti-suit injunction and related orders against him.
Under the order, Mukherjee must return the sale proceeds of Australian properties Dhawan was compelled to part with under the old settlement including approximately AU $812,397.50 (about ₹5.7 crore) from one property sale and AU $82,000 from another. The court also clarified that interest at 9 percent per annum must be paid on these amounts, starting from when Dhawan filed his suit.
This ruling not only mandates the return of principal amounts but also ensures that Dhawan is compensated for the time value of money lost during protracted legal proceedings.
Dhawan and Mukherjee who divorced in 2023 have been embroiled in legal battles over financial settlements and matrimonial disputes for several years. Mukherjee, an Australian national, had sought enforcement of the Australian court’s property division orders. Dhawan, challenging those orders, argued that Indian courts should not enforce foreign orders that conflict with Indian matrimonial law, particularly when the underlying concepts are not recognized in India.
The Delhi family court’s decision settles a key aspect of that long-running international legal conflict, providing clarity on how foreign matrimonial orders may be treated under Indian law when they are incompatible with domestic legal principles.
Dhawan was represented by Senior Advocate Aman Hingorani, along with advocates Shweta Hingorani and Yukta Chauhan. The suit was decreed ex parte due to Mukherjee’s absence from the proceedings, and the judge directed the preparation of the decree sheet. The court did not make any specific order on litigation costs.
Legal experts say this ruling highlights how Indian courts may scrutinize and set aside foreign judgments that are incompatible with Indian public policy or statutory law especially in matrimonial disputes involving cross-border elements. It underscores that not all foreign orders are automatically enforceable in India, particularly when they involve concepts alien to the Indian legal framework.
For Dhawan, this decision provides both financial relief and legal vindication, reaffirming the autonomy of Indian courts in adjudicating disputes involving foreign judgments.
A Delhi family court has ruled in favor of Shikhar Dhawan, ordering his ex-wife to return ₹5.7 crore in property money as the Australian family court order underlying the settlement was not enforceable in India. The court also found that the financial documents were executed under coercion and trickery and directed the payment of interest on the returned amount.
Shikhar Dhawan court win, ex-wife return money, Australian order India, matrimonial law, Delhi family court
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