The court also directed that interest at the rate of 9 percent per annum be paid on these amounts from the date of filing of the suit until full payment is made.
Key Points
- A Delhi family court instructed former cricketer Shikhar Dhawan's estranged wife to amount she had received under property settlement.
- The court declared the order issued by an Australian family court not binding in India.
- The financial agreement and related documents signed by Dhawan were ruled invalid.
In a significant relief to former India cricketer Shikhar Dhawan, a family court in Delhi on Tuesday ordered his estranged wife to return approximately Rs 5.72 crores (Rs 57.2 million) to him holding that the order issued by an Australian family court under the concept 'Property Settlement' was alien to Indian laws.
The bench issued clear directions on the enforceability of foreign court orders and the return of the amount received under 'property settlemnt'.
The court held that the judgement pronounced by the Australian court on the alimony and property division in the divorce petition field his ex-wife will not be binding in India. It set aside the foreign court's rulings concerning property settlement, stating that they cannot be enforced against Dhawan.
The judge further declared that the financial agreement and related documents signed by Dhawan are null and void, accepting his contention that they were executed under threat, coercion and fraud.
No order on litigaton costs
The court also ordered the defendant to return the sale proceeds of properties located in Australia. This includes AU $812,397.50 received as interim property settlement from the Berwick property and AU $82,000 retained from the sale of another property in Clyde North.
The court also directed that interest at the rate of 9 percent per annum be paid on these amounts from the date of filing of the suit until full payment is made.
Additionally, the court restrained the defendant from enforcing the Australian court's anti-suit injunction and related orders against Dhawan.
The suit was decreed ex parte due to the absence of the defendant. The court directed preparation of the decree sheet and did not pass any order regarding litigation costs.
The ruling clarifies the position regarding enforcement of foreign matrimonial orders in India while granting financial relief and legal protection to the plaintiff.
Recently, Dhawan married to his long-time girlfriend Sophie Shine in a private wedding ceremony in Delhi NCR.
Dhawan was earlier married to Ayesha Mukherjee, with whom he has a son, 11-year-old Zoravar Dhawan. The couple divorced in 2023.
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