Delhi Court Directs Cricketer Shikhar Dhawan’s Ex-Wife To Return 5.6 Crore Property Money, Declares Australian Order Non-Binding
The Family Court ruled the financial settlement documents signed by Dhawan as null and void for being executed under coercion
Patiala House Family Court ruling in Shikhar Dhawan case on enforceability of Australian property orders in India
The Family Court at the Patiala House Courts Complex in New Delhi has ruled in favour of Indian cricketer Shikhar Dhawan in a civil suit filed against his estranged wife, issuing clear directions on the enforceability of foreign court orders and ordering return of property related funds.
The court held that orders passed by an Australian Family Court in the matrimonial dispute will not be binding on Dhawan in India. It set aside the foreign court’s rulings concerning property settlement and observed that those directions cannot be enforced against him within the country.
The court also declared that the financial agreement and related documents signed by Dhawan are null and void. It accepted his contention that the documents were executed under threat, coercion and fraud, and therefore cannot be given legal effect.
In a significant financial direction, the court ordered the defendant to return the sale proceeds of properties situated in Australia. The amounts include AU 812,397.50 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 directed that interest at the rate of 9 percent per annum be paid on these amounts from the date of filing of the suit until full and final payment is made.
Apart from financial relief, the court restrained the defendant from enforcing the anti suit injunction and related directions issued by the Australian court against Dhawan in India. This effectively shields him from any coercive steps based on those foreign orders within Indian jurisdiction.
The suit was decreed ex parte owing to the absence of the defendant during the proceedings. The court directed that the decree sheet be prepared accordingly and did not pass any order regarding litigation costs.
The ruling clarifies the legal position on enforcement of foreign matrimonial and property related orders in India, while granting financial relief and legal protection to Dhawan in the present dispute.