New Delhi: In a significant legal development, the family court of Delhi issued a decree of divorce for Indian cricketer Shikhar Dhawan and his estranged wife. The court's decision was grounded in the finding of cruelty, ultimately granting the divorce petition filed by Shikhar Dhawan. The end of their 11-year marriage has been characterized by complex legal proceedings and a plethora of allegations.
The judgment, handed down by Family Court Judge Harish Kumar, highlighted several crucial factors that contributed to the court's decision. It was noted that both parties had initially consented to divorce, acknowledging that their marriage had effectively ended long before the legal proceedings began, with neither of them living as husband and wife since August 8, 2020.
The court also emphasised the estranged wife's willingness to leave the matter uncontested, which indicated her desire for a divorce decree, even if it meant being found guilty of matrimonial offenses. This decision was seen as a strategic move, given that she had already obtained favourable rulings in the Federal Circuit and Family Court in Australia. The court concluded that her deliberate disregard of court orders and the circumstances of the case justified granting the divorce on the grounds of cruelty.
"Respondent's/ estranged wife's intentional decision to leave this matter uncontested also shows her desire that the court should pass a decree of divorce even at the cost of holding her guilty of the matrimonial offence as she knows that no harm could be caused to her even if she is held to have treated the petitioner with cruelty because she has already obtained sufficient favourable orders from the Federal Circuit and Family Court in Australia," the court said.
"This thought of her has given her the courage to not abide by the order dated March 2, 2023 and June 6. 2023 of this court deliberately and intentionally. Hence, the facts and circumstances of the present case as discussed above petitioners are entitled to a decree of divorce on the grounds of cruelty," Court added.
The judgment specifically cited Section 13(1)(a) of the Hindu Marriage Act (HMA) as the legal basis for the divorce, officially dissolving the marriage that had been solemnized on December 30, 2012, in accordance with Sikh rites at Gurudwara, Nelson Mandela Marg, Vasant Kunj, New Delhi.
One of the most contentious aspects of this legal battle was the custody of the couple's minor son. Shikhar Dhawan had requested permanent custody, arguing that it was in the child's best interest, given the alleged detrimental behaviour of his estranged wife. Moreover, the ongoing criminal case against the respondent further supported Dhawan's case.
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However, the custody issue became significantly complicated due to an international element. An Australian court had previously directed Shikhar Dhawan to withdraw all claims related to the child's custody pending in the Indian court. In response, the Delhi court, on March 2, 2023, ordered the respondent to withdraw her custody proceedings in Australia. This complex situation arose because the Australian court had favoured Shikhar Dhawan, citing the "doctrine of forum convenience."
The court highlighted the child's Australian citizenship and his residence in Australia, emphasizing the importance of effective implementation of any custody order in a foreign country, contingent upon the willingness of the foreign state's machinery to comply voluntarily or as per international obligations.
"The child is an Australian citizen and is in Australia. Any order or judgement can be implemented in foreign territory effectively only if the State machinery of that foreign country is willing to implement the same either voluntarily or under international obligations," the court said.
To address the complex custody situation, the court issued an order specifying visitation arrangements. It directed the respondent to bring the child to India during school vacations for visitation purposes, including overnight stays with Shikhar Dhawan and his family members for at least half the duration of school vacations. The court also mandated unsupervised meetings between the child and Shikhar Dhawan during his visits to Australia, provided there was advance intimation.
Shikhar Dhawan's divorce plea detailed distressing allegations against his estranged wife. He claimed that he had discovered post-marriage that her primary motive for marrying him was to extort large sums of money. Shortly after their marriage, the respondent allegedly threatened to create false and defamatory material against Dhawan, intending to tarnish his reputation and cricketing career unless he complied with her financial demands.
Furthermore, Dhawan revealed that he had purchased three properties in Australia using his own funds. However, he asserted that he had been coerced into making his wife the 99% owner of one property and a joint owner in two others. Additionally, the respondent had allegedly received a significant portion of the net sale proceeds from one property and demanded the transfer of the title of the third property.
