Shikhar Dhawan secured a major legal win after a Delhi family court ordered his ex wife Aesha Mukherjee to return Rs 5.7 crore, ruling that the financial settlement was obtained through coercion and trickery. The court also held that an Australian court’s asset division order cannot be enforced in India
Shikhar Dhawan and Aesha Mukherjee
In a significant legal victory for Shikhar Dhawan, a family court in New Delhi has ordered his ex wife Aesha Mukherjee to return approximately Rs 5.7 crore that she received as part of a property settlement. The court held that the agreement was obtained through coercion and trickery.
The order was passed by Judge Devender Kumar Garg of the Patiala House Court, who declared that the documents Dhawan had signed in relation to the financial settlement were null and void. The court observed that the consent was not given freely and that the settlement reflected undue influence, threats and fraudulent conduct rather than a fair agreement.
Ayesha Mukherjee to return around Rs 5.7 crores to Shikhar Dhawan
As per the ruling, Mukherjee has been directed to refund the amounts she received from the sale of two Australian properties, including 812,397.50 Australian dollars from a property in Berwick and 82,000 Australian dollars from another in Clyde North. She has also been asked to pay interest at 9 per cent per annum on these sums from the date the suit was filed until the full repayment is made.
The court further held that an earlier order passed by an Australian family court, which divided the couple’s global assets, cannot be enforced in India. The Australian court had granted Mukherjee substantial financial benefits, including over 1.17 million Australian Dollars worth of assets, an additional 2.5 million Australian dollars payable by Dhawan, and a share in the tangible asset pool. It had also directed the transfer of a property to her.
However, the Delhi court observed that the Australian court lacked jurisdiction to adjudicate marital disputes under Indian law. It also noted that the concept of property settlement as applied under Australian law is not recognised in the same manner under Indian matrimonial statutes, particularly the Hindu Marriage Act. As a result, the foreign court’s orders were found to be inconsistent with Indian legal principles.
All about their divorce
Dhawan and Mukherjee, who married in 2012 and divorced in 2023, have been involved in a prolonged legal battle over financial matters and custody issues. Dhawan had argued that he was pressured into signing certain documents and that threats were made which affected his professional and personal life.
The ruling marks a decisive turn in the case, reinforcing that foreign court orders cannot automatically override Indian law, especially when consent is found to have been obtained under coercion.
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