Big relief for Shikhar Dhawan: Delhi court orders ex-wife to return property sale proceeds

The court categorically held that the foreign court’s rulings relating to property settlement are not binding on Dhawan within Indian jurisdiction and set aside those directions insofar as they sought enforcement against him in India.

In a significant finding, the court declared that the financial agreement and related documents signed by Dhawan were null and void, accepting his contention that they were executed under threat, coercion and fraud.

Granting substantial financial relief, the court directed the defendant to return proceeds received from the sale of properties located in Australia.

This includes AU $812,397.50 (approximately ₹5.7 crore) 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 further ordered that interest at the rate of 9 per cent per annum be paid on these amounts from the date of filing of the suit until full realisation.

The court also restrained Aesha Mukherji from enforcing the Australian court’s anti-suit injunction and related orders against Dhawan, offering him legal protection from overseas proceedings.

The suit was decreed ex parte due to the absence of the defendant. The court directed the preparation of the decree sheet and did not pass any order on litigation costs.

The ruling clarifies India’s legal position on the enforceability of foreign matrimonial and property orders, particularly where allegations of coercion and fraud are established.

Shikhar Dhawan and Aesha Mukherji were granted a divorce by a Delhi court in 2023.