A few days after a new chapter in his personal life with him Marriage to Sophie Shineformer Indian cricketer Shikhar Dhawan The Delhi Family Court scored a significant legal victory as it ruled on his ex-wife Aesha Mukherjee to return about ₹5.7 crore received under the disputed property deal. The Patiala House Court’s ruling on February 25 that Australian Family Court rulings on matrimonial disputes are not binding in India marked a decisive turn in a long-running cross-border legal battle.
Shikhar Dhawan’s case: Australian orders overturned by family court in India
A family court presided over by Justice Devender Kumar Garg of the property settlement agreement reached in Australia “vain and void” After accepting Dhawan’s claim that the documents were executed under threat, coercion and forgery. The court held that the property division orders of the Australian court could not be enforced in India against Dhawan because they “Alien to Indian legal principles” Under the Hindu Marriage Act.
In a significant financial move, the court ordered Mukherjee to return the proceeds of the sale of two properties in Australia – $812,397.50 received as an interim settlement from a property in Berwick and $82,000 withheld from the sale of another property in Clyde North. The court also ordered the payment of interest at the rate of 9 percent per annum on these amounts from the date of filing of the claim until full payment.
In addition, the court restrained Mukherjee from enforcing the Australian court’s anti-suit judgment and related orders against Dhawan.
Rape and threats to damage Dhawan’s reputation
Dhawan had approached the Delhi court challenging the Australian court, arguing that he had never voluntarily submitted to the jurisdiction of a foreign court. In his submissions, the cricketer alleged that soon after their marriage in October 2012, Mukherjee began threatening to spread fictitious 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 bought with Dhawan’s own funds were registered either jointly or mainly in Mukherjee’s name under duress. In one case, Mukherji was listed as the 99 percent owner of a property bought entirely with Dhawan’s money. Dhawan also alleged that he was forced to buy a property in his name in Australia, which was later sold in 2019 and he kept the proceeds as part of an interim arrangement.
Australian Settlement: What was given to Aesha Mukerji?
The Family Court of Australia had previously made orders in February 2024 to divide the couple’s global assets, including Dhawan’s properties and finances in India. Under that settlement, Mukherjee was awarded 15 percent of the total asset pool, allowing him to retain assets worth about ₹7.46 crore (US$1.17 million), and an additional ₹15.95 crore (US$2.5 million) from Dhawan, along with the property transfer.
Between 2021 and 2024, Australian courts have made numerous decisions regarding the division of their assets. Mukherjee, an Australian citizen, wanted to own 99 percent of the three properties in Australia and be the guardian of their son Zoravar.
Why Australian laws do not apply in India?
The Delhi court’s decision hinges on key differences between Australian and Indian matrimonial property laws. Under the Australian Family Law Act 1975, all assets acquired, whether in Australia or overseas, are brought into the ‘matrimonial pool’ for division, with courts able to determine up to 60% of 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 requires equitable distribution based on Indian legal principles. The court observed that the Australian legal framework was inconsistent with Indian public policy and inconsistent with the Hindu Marriage Act. Since the marriage was solemnized and registered in India, the foreign court had no jurisdiction to decide the dispute.
Justice Garg specifically noted that Dhawan’s participation in the Australian proceedings could not be regarded as voluntary submission to its jurisdiction as it was allegedly done under fear and coercion.
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Dhawan’s Marriage and Divorce Chart
Dhawan and Mukherji got married in October 2012 in Delhi. Mukherjee, who lives in Australia and has two children from a previous marriage, continued to live there after the wedding while Dhawan traveled between the two countries. Their son Fierce He was born in December 2014.
Differences between the couple surfaced shortly after their marriage, leading to protracted legal disputes in both India and Australia. A Delhi court granted the divorce on the grounds of mental cruelty in October 2023, noting that Dhawan suffered mental trauma after being away from his sons for years. Although permanent custody was not granted, visitation rights and access to video calls were granted. Dhawan further stated that he was subsequently prevented from contacting his son.
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