A Delhi family court ruled that Shikhar Dhawan signed property settlement papers under coercion, extortion and fraud. The court ordered his ex-wife to return Rs 5.7 crore with 9% annual interest and held that the Australian court had no jurisdiction.
A family court in Delhi has ordered Indian cricketer Shikhar Dhawan’s former wife to return nearly AU$894,397 (around Rs 5.7 crore) that she had received as part of an interim property settlement from the sale of a property in Australia. The order was passed by Judge Devender Kumar Garg of the Patiala House Court, who held that the financial settlement was not legally valid.
The Court clearly stated that all the documents signed by Dhawan which led to the financial settlement with his ex-wife were “null and void” because they were executed by him under threats, extortion, trickery and fraudulent action. The judge accepted Dhawan’s claim that he had signed the documents due to pressure and coercion.
In addition to directing the return of the money, the Court also ordered that Dhawan’s ex-wife must pay interest at the rate of 9 percent per annum on the said amount from the date Dhawan filed the suit until the payment is completed.
The family court further ruled that the Australian court did not have the authority or jurisdiction to decide the marital disputes between Dhawan and his former wife. The Court restrained her from enforcing the anti-suit injunction granted by the Australian court and the order dated February 2, 2024.
The Australian court had earlier passed an order dividing the couple’s global assets, including Dhawan’s properties and financial assets located in India. Under that order, the wife was awarded an additional 15% share of the tangible asset pool. Apart from retaining assets worth AU$1.17 million, she was also granted an additional AU$2.5 million to be paid by Dhawan. The Australian court had further directed the transfer of a property to her and specified consequences in case Dhawan failed to comply.
Dhawan and his ex-wife got married in 2012. According to Dhawan’s submissions before the Delhi court, soon after their marriage, his wife began threatening him. He told the Court that she warned she would circulate “fabricated, defamatory and false” material against him and destroy his reputation and cricket career.
Dhawan also stated that he had purchased several properties using his own money. However, he alleged that his wife forced him to register those properties in their joint names. In one instance, she was made a 99% owner of a property that he had bought entirely with his funds, the Court was informed.
Between 2021 and 2024, the Australian court issued multiple orders regarding the division of their properties.
However, Dhawan argued before the Delhi family court that the amount calculated and awarded by the Australian court was not in line with the provisions of the Hindu Marriage Act and Indian law. He also requested the Court to declare that he is not legally bound by the orders passed by the Australian court.
After examining the facts and legal arguments, the family court agreed with Dhawan’s contentions. It held that the Australian court lacked jurisdiction over the marital dispute and declared that Dhawan is not bound by its orders. As a result, the interim settlement amount must be returned with interest.
Senior Advocate Aman Hingorani, along with advocates Shweta Hingorani and Yukta Chauhan, appeared for Shikhar Dhawan in the matter.
This judgment is significant in cases involving cross-border matrimonial disputes, especially where foreign court orders affect properties and financial assets located in India. The ruling reinforces the principle that foreign judgments must comply with Indian law and jurisdictional requirements before they can be enforced in India.
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