Delhi Court grants divorce to Shikhar Dhawan on grounds of cruelty by wife

A family court in Delhi on Wednesday granted divorce to cricketer Shikhar Dhawan from his estranged wife Aesha Mukerji, holding that the wife subjected him to mental cruelty [Shikhar Dhawan vs Aesha Dhawan]..Judge Harish Kumar accepted all the allegations made by Dhawan in his divorce petition against his wife on the ground that the wife either did not contest the said allegations or failed to defend herself.The judge held that the wife subjected Dhawan to mental agony by compelling him to live separately from his only son for years. While refusing to pass any order on permanent custody of the couple's son, the court granted visitation rights to Dhawan to meet his son for appropriate duration in India and Australia and also to chat with him over video call.The court further ordered Aesha to bring the child to India for visitation purpose including overnight stay with Dhawan and his family members, at least for half the period of school vacation during academic calendar."Since petitioner is a reputed International Cricketer and has been pride of the nation, subject to 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..As per Dhawan's plea, the wife had initially said she would live with him in India. However, she failed to do so owing to a commitment to her ex-husband with whom she has two daughters. The wife had committed to her ex-husband not to leave Australia where she presently lives with her two daughters and a son from 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.Unchallenged testimony of Dhawan has to be believed, the judge said, while adding, "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 further considered Dhawan's contention as regards the wife compelling him to make her the owner of 99 percent of the three properties that he had purchased in Australia using his own money. She had also forced him to make her a joint owner in the other two properties, the Court noted.Aesha failed to contest this claim too and therefore, accepted Dhawan's allegations, the judge ruled,"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..As far as the allegation that Aesha purposely sent defamatory messages to various authorities in the country's cricket board and also the owners of the team of Indian Premiere League (IPL) and fellow cricketers is concerned, she contended that she had sent messages only to three persons to ensure that she gets her monthly maintenance on time as Dhawan had been delaying the payments.However, the Court rejected her claim and held that she had sent defamatory texts to several persons with a view to pressurize, defame and humiliate Dhawan.Further, the Court also accepted the allegation that Aesha picked up quarrel with Dhawan for 'taking out time' to take his ailing father to a hospital when he contracted COVID-19."Petitioner further alleged that in or around January 2020, the 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.School fees were an additional cost that was paid by Dhawan over and above this amount and he was eventually forced to increase the payments to AU $16,500 per month and then AU $17,500 per month..Advocate Aman Hingorani appeared for Dhawan.