New Delhi: A Delhi family court has ordered Aesha Mukerji, former wife of ex-Indian cricketer Shikhar Dhawan, to return Rs 5.7 crore (approximately AU$8,94,397) received under an Australian property settlement, ruling that the agreement was obtained through threats, extortion and fraud.
The order was passed by Judge Devender Kumar Garg of the Patiala House Court, who declared all related settlement documents null and void. The court held that Dhawan had signed the agreements under coercion, including alleged threats and fraudulent actions.
Australian settlement set aside
The dispute stems from property and financial settlement orders passed by an Australian court in February 2024. The Australian proceedings had divided the couple’s global asset pool, including Dhawan’s properties and finances located in India.
Under those orders, Mukerji was awarded 15 per cent of the total asset pool. Court records indicate that she retained assets worth Rs 7.46 crore (approximately AU$11.7 lakh equivalent in millions) and was granted an additional Rs 15.95 crore (around AU$25 lakh equivalent in millions) from Dhawan, along with the transfer of a property.
Between 2021 and 2024, the Australian court passed multiple orders concerning the division of assets. Dhawan challenged these decisions before the Delhi court, arguing that the foreign court’s rulings violated Indian marriage laws and that he was not legally bound by them.
Judge Garg ruled that the Australian court did not have jurisdiction to adjudicate certain aspects of the couple’s marital disputes, particularly those governed by Indian law. Consequently, the Delhi court restrained Mukerji from enforcing the Australian court’s February 2024 orders in India.
Allegations of coercion and fraud
In his plea before the Patiala House Court, Dhawan alleged that shortly after their marriage in 2012, Mukerji threatened to circulate fabricated and defamatory material that could damage his personal reputation and cricketing career.
He claimed that although he had purchased various properties using his own funds, he was compelled to register them either jointly or entirely in Mukerji’s name. In one instance cited before the court, Mukerji was allegedly listed as a 99 per cent owner of a property bought by Dhawan.
The court observed that the evidence placed on record supported Dhawan’s claim that he had signed certain settlement documents under pressure. It concluded that the agreements were vitiated by coercion, extortion and fraudulent inducement.
The Delhi court directed Mukerji to return Rs 5.7 crore received under the impugned settlement and ordered that 9 per cent annual interest be paid from the date Dhawan filed the suit until realisation of the amount.
Divorce and custody battle
The couple’s marital dispute has been the subject of litigation for several years. In 2023, a Delhi court granted them a divorce, observing that Dhawan had suffered mental trauma after being kept away from his son, Zoravar, for a prolonged period.
The court noted at the time that Mukerji either chose not to contest certain allegations or failed to respond adequately to them. While Dhawan was not granted permanent custody of the child, he was given visitation rights and permission for video calls in India and Australia, where Mukerji resides.
Dhawan has subsequently stated that he was later blocked from communicating with his son, a matter that has drawn public attention given his stature as a former international cricketer.
Legal implications and conclusion
The Patiala House Court’s ruling is significant in clarifying the enforceability of foreign matrimonial and property settlement orders within India. Legal experts note that while foreign judgments can be recognised under Indian law, they must satisfy jurisdictional and procedural standards and must not violate domestic legal principles.
By declaring the settlement documents null and void and restraining enforcement of the Australian orders, the Delhi court has effectively reaffirmed the primacy of Indian matrimonial law in disputes involving Indian citizens, particularly where coercion or fraud is alleged.
The case underscores the complexities that arise in cross-border matrimonial disputes involving high-value assets spread across jurisdictions. With the latest order, Mukerji is now legally bound to return Rs 5.7 crore with interest, unless the decision is challenged before a higher court.
The matter is expected to have wider ramifications for similar cases involving international property settlements and enforcement of foreign court orders in India.