Delhi Court Orders Shikhar Dhawan's Ex-Wife To Return ₹5.72 Crore, Says Australia's 'Property Settlement' Proceedings Contrary To Indian Law

In a major relief to Indian cricketer Shikhar Dhawan, a Family Court in Delhi on Monday ordered his ex-wife to return approximately Rs 5.72 crores to him after holding that the orders passed by a Family Court in Australia asking him to pay the said amounts to his estranged wife under the concept 'Property Settlement' was alien to Indian laws. 

Patiala House Courts' Family Court Judge Devender Kumar Garg has also ordered the ex-wife not to demand Rs 16.9 crores as ordered by the Australian Family Court. The judge noted that the orders passed by the Australian Family Court, especially under the concept called 'Property Settlement' was contrary to the provisions of the Hindu Marriage Act. 

The judge clarified that the orders passed by the court abroad, will not be enforceable in India as the (Australian) Family Law Act, 1975 provides for 'Property Settlement' proceedings, wherein all the properties of the husband are brought in a 'marital pool' and the court exercises discretion to hand over even 60 per cent of the total properties, both in India and abroad to the wife. 

In Dhawan's case, the Australian Family Court had invoked section 79 of the 1975 Act, which empowers the Court to pass such order as it considers appropriate, which are not in tandem with the laws in India. 

"Such order could alter the interest of the parties to the marriage in the property. Thus, (Australian) Family Law Act, 1975 pertaining to property settlement are contrary to and repugnant not only with the public policy of India but with the provisions of the Hindu Marriage Act also. The same are also not consistent with Indian Law as contained in the Registration Act, Transfer of Property Act and other statutes," Judge Garg observed. 

The judge further pointed out that the estranged wife had chosen not to appear before the court and thus the matter has proceeded ex-parte. He noted that the Australian Family Court had ordered Dhawan to pay the proceeds of sale of two of his properties in Australia to her under 'Interim Property Settlement' to which the cricketer claimed to have never consented. 

Instead, Dhawan told Judge Garg that he appeared before the Australian Court only because he was threatened by his estranged wife that she may circulate such defamatory material against him that would end his career and also affect his reputation. 

"Thus, the presentation of the plaintiff (Dhawan) before the Court proceedings in Australian Court cannot be stated to be voluntarily submission to the jurisdiction of Australian Court. Further, the contest of the claim was not based on grounds available under the matrimonial law i.e. Indian Law under which the parties were married. Further, it is not the case of the defendant (Aesha) that Dhawan had consented to the grant of relief although the jurisdiction of the Forum was not in accordance with the provisions of matrimonial law of the parties," the court said. 

Since the estranged wife chose not to contest the plea before Indian Courts and remained ex-parte, the court held that Dhawan proved his contentions that the orders and judgment passed by the Australian Court directing him to pay AU $ 812397/50 earned through sale of property to his former wife, was illegal and unenforceable in India. The judge further held that Dhawan proved his contentions that she forcibly retained AU $ 82,000 from the sale proceeds of another property there. 

"The averments and deposition of the plaintiff has remained unchallenged. Thus, the plaintiff has proved that all documents which culminated in the financial agreement (before the Australian Court), due to the threats, extortion, trickery and fraudulent action by the defendant and the same are null and void and not binding on the plaintiff," the judge held. 

Therefore, Judge Garg held that Dhawan is not bound by the orders or judgments passed by the Australian Courts in pleas filed by the estranged wife there, especially the orders asking him to pay approximately Rs 5.72 crores under 'Interim Property Settlement' to her from the sale proceeds of two of his properties in Australia. 

The judge declared all the documents executed by Dhawan which culminated in the Financial Agreement, as null and void and not binding on him as the same were executed by the cricketer under threats, extortion, trickery and fraudulent action exercised by her. 

"A decree for directing the defendant to return to the plaintiff the sale proceeds of property 10 Pagebrook Road, Berwick, Australia totaling to AU $_812,397/50 (AU $ 150,000 and AU $ 662,397/50) received by her as "Interim Property Settlement" and to return to the plaintiff amount of AU $ 82,000 as part sale proceeds of the property 6 Forest Drive, Clyde North, Australia forcibly retained by her, is passed in favour of the plaintiff and against the defendant," the judge ordered. 

Further, the estranged wife has been ordered to pay interest at the rate of 9 per cent per annum on the above mentioned amount, from the date of filing of the present suit till final realisation.

Senior Advocate Dr Aman Hingorani along with Advocates Dr Shweta Hingorani and Yukta Chauhan appeared for Shikhar Dhawan.