Shikhar Dhawan Granted Divorce By Delhi Court On Grounds Of Cruelty By Wife

In a recent verdict, a Delhi family court has granted cricketer Shikhar Dhawan a divorce from his estranged wife Aesha Mukerji, citing that the wife subjected him to mental cruelty.

Judge Harish Kumar accepted all of Dhawan's allegations in his divorce petition, as Aesha either didn't contest the allegations or failed to defend herself.

The court found that Aesha had caused mental agony to Dhawan by keeping him separated from his son for years. While the court didn't pass any permanent custody orders for the child, it granted visitation rights to Dhawan. He is now allowed to meet his son for an appropriate duration in both India and Australia, as well as have video calls with him.

Aesha has been ordered to bring the child to India for visitation purposes, including overnight stays with Dhawan and his family, during school vacations, at least for half the period as per the academic calender.

Recognizing Dhawan's status as a renowned international cricketer, the court also requested the Indian government to engage with its Australian counterpart to facilitate regular visitation or custody arrangements for Dhawan and his son.

The Court order reads, "Since petitioner is a reputed International Cricketer and has been pride of the nation, subject to petitioner approaching the Union Government of India, it is requested to take up the issue of visitation/custody of the minor son with its counterpart in Australia to help him have regular visitation or chatting with his own son or his permanent custody,"

According to Dhawan's plea, Aesha initially agreed to live with him in India but couldn't do so due to her commitment to her ex-husband and their two daughters in Australia. Reportedly, she had pledged to her ex-husband to stay in Australia, where she currently resides with her children from her previous marriage and a son from Dhawan.

The judge noted that Dhawan had endured significant emotional distress due to the separation from his son, even though Aesha denied the allegations, citing her prior commitments. Aesha chose not to contest the claims, and the court accepted Dhawan's account.

"He (Dhawan) for no fault of his own had been through immense agony and anguish of living separately from his own son for years. Even though the wife denied the allegation, submitting that though she genuinely wanted to live in India with him, however due to her commitment towards her daughters from her previous marriage requiring her to stay in Australia, she could not come to live in India and that he was well aware of her commitment, yet she did not choose to contest the claim," noted the Judge in his order.

As reported by Bar and Bench, the judge said that unchallenged testimony of Dhawan has to be believed while adding, "Hence, it stands proved that the wife backtracked from her assurance of setting up matrimonial home in India after marriage and thus made him suffer a long distance marriage and suffer immense agony and anguish of living separately from his own son for years."

The court also considered Dhawan's claim that Aesha coerced him into making her the majority owner of three properties he had purchased in Australia with his own money. She had also pressured him into making her a joint owner of two other properties. Since Aesha didn't contest these allegations, the court ruled in Dhawan's favor noting, "Thus, in the absence of any of probable defense, Dhawan's allegation that she compelled him to make her owner to some extent in all three properties or that she pocketed sale proceeds thereof to the extent pleaded and testified to by him has got to be believed as true,"

Regarding allegations that Aesha sent defamatory messages to cricket board authorities, IPL team owners, and fellow cricketers, she argued that she did so only to ensure she received her monthly maintenance on time, as Dhawan had delayed payments. However, the court disagreed, finding that Aesha had sent defamatory messages to several individuals to pressure, defame, and humiliate Dhawan.

Furthermore, the court accepted Dhawan's claim that Aesha quarreled with him for taking time off to care for his ailing father when he contracted COVID-19. "Petitioner further alleged that in or around January 2020, the Aesha and the minor son came to India to spend a prolonged period of time, but her daughters stayed back in Australia still she compelled him to send her daughters AU $15,500 per month (inclusive of mortgage payments) on the pretext that they were struggling to survive," the Court noted as quoted by Bar and Bench.

Additionally, Aesha had requested substantial monthly payments which eventually increased to AU $17,500 per month from AU $16,500, with school fees not included.

Advocate Aman Hingorani represented Dhawan in this case.