A Delhi court granted cricketer Shikhar Dhawan's divorce from his ex-wife Aesha Mukerji for mental abuse. The court recognised the mental anguish that Dhawan went through after being forced to live apart from his only kid for a considerable amount of time.

Due to the fact that Dhawan's wife failed to counter any of the allegations or provide any defences, Judge Harish Kumar of the Patiala House Courts accepted all of the claims made by Dhawan in his divorce petition.

When ending their 11-year union, Harish Kumar's family court judge remarked, "There is no dispute that both parties had agreed to take divorce by mutual consent and that their marriage is otherwise dead long ago and have not been living as husband and wife since August 8, 2020."

"Respondent's/ estranged wife intentional decision to leave this matter uncontested also shows her desire that the court should pass decree of divorce even at the cost of holding her guilty of the matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the petitioner with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia," the court stated.

"This thought of her has given her the courage to not abide by the order dated March 2, 2023 and June 6. 2023 of this court deliberately and intentionally. Hence, the facts and circumstances of the present case as discussed above petitioners are entitled to a decree of divorce on the grounds of cruelty," the court continued.

The marriage between the parties herein, performed on December 30, 2012, in accordance with Sikh rites on November 30, 2012, at Gurudwara, Nelson Mandela Marg, Vasant Kunj, New Delhi, is dissolved, according to the court's further statement. The decree of divorce is being granted on the grounds listed in Section 13(1)(a) of the HMA.

Custody of the child

The court gave Dhawan visiting rights so that he could spend time with his son in both Australia and India, as well as allowing video calls between them, although not making any decisions regarding the child's long-term custody.

The court further mandated Mukerji to make arrangements for the child's trips to India, including any overnight stays with Dhawan and his family, during at least half of the academic year's summer vacations.

"The child is an Australian citizen and is in Australia. Any order or judgement can be implemented in foreign territory effectively only if the State machinery of that foreign country is willing to implement the same either voluntarily or under international obligations," the court claimed.

The court encouraged Dhawan, who is a well-known international cricketer, to contact the Union government for help in resolving issues related to visitation or custody with his kid, particularly those involving his counterpart in Australia.

Previously, the courts have ruled that a mother's rights to her child are not solely her own. Regarding divorce and child custody, the couple had started legal actions in both Australia and India.

In addition, the court had rebuked Mukerji for refusing to send the child to India.

Shikhar Dhawan’s allegations

Shikar Dhawan claimed in his appeal that he learned after the wedding that the respondent had primarily induced the petitioner to marry her in order to extort crores of rupees from him. Soon after their marriage, the respondent threatened to invent false and defamatory information about the petitioner and spread it to ruin his reputation and cricket career if he did not give in to her requests for money, as reported by ANI.

"The petitioner bought three immovable properties in Australia from his own funds but was compelled by the respondent to make her the 99% owner in one property and joint owner in two properties. The respondent had taken a chunk of the net sale proceeds of one property and the entire net sale proceeds of the second property and was demanding that the title of the third property be transferred to her,” Shikhar Dhawan claimed in his argument.

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