Delhi Court Sets Aside Australian Settlement, Orders Shikhar Dhawan’s Ex-Wife to Repay Rs 5.7 Crore
A Delhi family court has directed Aesha Mukerji, the former wife of cricketer Shikhar Dhawan, to return Rs 5.7 crore (AU$894,397) received under an Australian property settlement, holding that the agreement was obtained through coercion and fraud.
The Patiala House Family Court ruled that the Australian court lacked jurisdiction to decide the couple’s matrimonial dispute, noting that their marriage was solemnised and registered in India under Indian law. It declared that Dhawan is not bound by the foreign court’s orders and restrained Mukerji from enforcing them in India.
Judge Devender Kumar Garg set aside all property settlement documents as null and void, observing that Dhawan had signed them under threat, extortion and trickery. The court also directed Mukerji to pay 9 per cent annual interest on the amount from the date Dhawan filed his suit.
Australian Asset Division Challenged
In February 2024, an Australian court had divided the couple’s global assets, awarding Mukerji 15 per cent of the total asset pool. She retained assets worth Rs 7.46 crore (AU$1.17 million) and was granted an additional Rs 15.95 crore (AU$2.5 million), along with transfer of a property.
Multiple orders were passed between 2021 and 2024 regarding division of properties in India and abroad. Dhawan challenged those decisions, arguing that he had not submitted to the Australian court’s jurisdiction and that any interim settlement was agreed to under pressure.
The Delhi court accepted his contention, holding that his appearance before the Australian court could not be treated as voluntary submission, particularly when he had placed on record that he did not accept its jurisdiction.
The judgment was delivered ex parte after Mukerji did not appear before the Delhi court despite repeated summons.
Coercion Allegations and Legal Findings
Dhawan told the court that soon after their 2012 marriage, Mukerji allegedly threatened to circulate defamatory material that could damage his cricket career unless he complied with her financial demands.
He claimed that properties purchased with his funds were registered either jointly or predominantly in her name, including one instance where she was shown as a 99 per cent owner. He also alleged that he was compelled to purchase property in Australia in her name, which was later sold, with the proceeds retained by her under what was described as an interim settlement.
The court observed that the Australian Family Law framework could not override Indian statutes such as the Hindu Marriage Act and other applicable laws, since the marriage was registered in India. It further held that enforcing the foreign orders would be contrary to Indian public policy.
Divorce and Custody
A Delhi court granted the couple a divorce in 2023, noting that Dhawan had suffered mental distress after being separated from his son, Zoravar. While he was not granted permanent custody, he was given visitation rights and access to video calls in both India and Australia, where Mukerji resides.
Dhawan and Mukerji married in Delhi in 2012. Their son was born in 2013. The couple later became embroiled in prolonged legal proceedings across both jurisdictions. Dhawan entered his second marriage with Sophie Shine in a private ceremony on February 22, 2025.
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