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Authored by: Diprava Ghosh (Intern at Legal Soch Foundation)
On Wednesday Shikhar Dhawan, who was found guilty of mental cruelty by a family court in Delhi, has been divorced from his estranged wife Aesha Mukerji. Shikhar married Aesha in October 2012 and after 11 years of marriage, the duo is finally separated. [Shikhar Dhawan vs Aesha Dhawan].
Keywords - DELHI COURT, FAMILY COURT, SEPARATED , ESTRANGED, DIVORCE .
Voluntary divorce in India in 2023 is a quick and easy process in which both sides agree to end their relationship peacefully. Couples must file a petition for mutual divorce jointly, declaring their decision that they want to separate, and if the court’s order fulfils those requirements, the divorce can be granted.
Judge Harish Kumar accepted all of Dhawan’s charges in his divorce suit against his wife on the grounds that the wife either did not challenge or failed to defend herself. The judge said that the wife caused Dhawan sadness by forcing him to live apart from his sole child for years. The court additionally requested that Aesha travel with the child to India for visiting purposes, including overnight stays with Dhawan and his family members, for at least half of the school holiday period of the academic year.
The petitioner, a renowned international cricketer, is appealing to the Supreme Court of India due to his significant contributions to the nation. It is requested to take up the matter of visitation or custody for the child under the age of 18 with its equivalent in Australia to help him have regular visits or chat with his own son or his ongoing custody,” the court ruled.
At Asr Dhawan’s request, the wife had initially declared she wanted to stay with him in India.
However, she did not work to do so due to her loyalty to her ex-husband, for whom she has a daughter and a son. She had made a promise to her ex-husband not to go back to Australia, where she currently lives with her two young daughters and a son from Dhawan. Dhawan, a father, endured years of separation from his son, despite his wife’s denial of the allegation. She claimed she wanted to live with him, but due to her previous commitment, she chose not to contest the claim. The judge stated that Dhawan’s unassailable testimony must be believed, while adding,
“Hence, it stands proved that the wife backtracked from her assurance of setting up a 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.” She had also forced him to make her a joint owner of the other two properties, the court noted. The court ruled that Aesha, a cricketer, compelled Dhawan to make her owner of all three properties or pocket sale proceeds.
She argued that she sent defamatory messages to authorities and IPL team owners to ensure timely maintenance payments. However, the court rejected her claim and found her actions to pressurise and humiliate Dhawan. The court also accepted Aesha’s claim that she took time to take Dhawan’s ailing father to a hospital during COVID-19.
Dhawan was compelled to increase his monthly payments to AU $16,500 and then AU $17,500 due to additional school fees.
Advocate Aman Hingorani has appeared for Dhawan.
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