On Wednesday, a Delhi family court approved cricketer Shikhar Dhawan’s divorce from his estranged spouse, Aesha Mukerji, citing that the wife had inflicted emotional distress on him.
Delhi Family Court Upholds All Claims Made by Cricketer
Judge Harish Kumar upheld all the claims presented by Dhawan in his divorce petition against his wife because she either did not contest these allegations or was unable to mount a defense.
The judge ruled that the wife had caused Dhawan significant emotional distress by forcing him to live apart from his sole son for an extended period of time.
Aesha Must Bring the Child to India for Visitation Purposes
The court declined to issue a definitive ruling on the permanent custody of the couple’s son but did grant Dhawan visitation rights. These rights allow him to spend an appropriate amount of time with his son in both India and Australia, as well as the opportunity to engage in video calls with him.
Additionally, the court mandated that Aesha must bring the child to India for visitation purposes, which includes overnight stays with Dhawan and his family members. This requirement applies for at least half of the school vacation period during the academic calendar.
“Since the petitioner is a reputed International Cricketer and has been a pride of the nation, subject to the petitioner approaching the Union Government of India, it is requested to take up the issue of visitation/custody of the minor son with its counterpart in Australia to help him have regular visitation or chatting with his own son or his permanent custody,” the Court ordered.
Dhawan’s Wife Unable to Live in India with Him Due to a Prior Agreement with Ex-Husband
According to Dhawan’s claim, his wife had initially expressed her intention to reside in India with him. However, she was unable to fulfill this commitment due to a prior agreement with her ex-husband, with whom she shares two daughters. She had promised her ex-husband that she would not leave Australia, where she currently resides with her two daughters and a son from her marriage to Dhawan.
“He (Dhawan) for no fault of his own had been through immense agony and anguish of living separately from his own son for years. Even though the wife denied the allegation, submitting that though she genuinely wanted to live in India with him, however due to her commitment towards her daughters from her previous marriage requiring her to stay in Australia, she could not come to live in India and that he was well aware of her commitment, yet she did not choose to contest the claim,” the judge noted.
The judge emphasized that unopposed testimony from Dhawan must be accepted as credible, stating,
“Hence, it stands proved that the wife backtracked from her assurance of setting up 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.”
The Court also took into account Dhawan’s claim that his wife had pressured him into transferring ownership of 99 percent of the three properties he had acquired in Australia using his personal funds. Additionally, she had insisted on becoming a joint owner in the other two properties, as observed by the Court.
The judge ruled that Aesha did not contest this assertion and, as a result, accepted Dhawan’s allegations.
“Thus, in the absence of any of probable defense, Dhawan’s allegation that she compelled him to make her owner to some extent in all three properties or that she pocketed sale proceeds thereof to the extent pleaded and testified to by him has got to be believed as true,” it was held.
Aesha Denies Sending Defamatory Messages
Regarding the accusation that Aesha intentionally sent defamatory messages to multiple authorities within the country’s cricket board, IPL team owners, and fellow cricketers, she argued that she had only messaged three individuals to ensure she received her monthly maintenance promptly. This was in response to Dhawan’s delays in making these payments.
Nonetheless, the Court dismissed her assertion and determined that she had indeed transmitted derogatory messages to numerous individuals as a means to exert pressure, defame, and disgrace Dhawan.
Additionally, the Court acknowledged the claim that Aesha initiated conflicts with Dhawan for his act of “making time” to escort his ailing father to a hospital during his battle with COVID-19.
“Petitioner further alleged that in or around January 2020, Aesha and the minor son came to India to spend a prolonged period of time, but her daughters stayed back in Australia but still she compelled him to send her daughters AU $15,500 per month (inclusive of mortgage payments) on the pretext that they were struggling to survive,” the Court noted.
