Court grants divorce to Shikhar Dhawan on ground of mental cruelty, Read More

The Family Court Judge Harish Kumar, Patiala House Court has passed a decree for dissolution of marriage of famous cricketer Shikhar Dhawan and wife Aesha Mukerji on the ground that the wife subjected him to mental agony and cruelty. 

Without passing any order on the issue of permanent custody of the son, the Court observed that the wife either did not contest the allegations made by Shikhar Dhawan or did not put up a strong defence. 

The contentions of Shikhar Dhawan were accepted by the Court as it was noted that the wife inflicted cruelty by forcing Shikhar Dhawan to live separately from his son for many years. 

Shikhar Dhawan has been granted visitation rights and the Court permitted video calls as well. 

It was ruled that

“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," 

“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 said in the order."

The wife failed to honor her commitment of coming to India and living with Shikhar Dhawan due to prior commitment to her ex-husband and two daughters and therefore, chose to stay in Australia along with the son from Shikhar Dhawan. 

Noting that agony from a long-distance marriage, the Judge held that, 

"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."

Additionally it was noted that,

"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."

All the assertions made by Shikhar Dhawan were accepted by the Court including the one that the wife sent defamatory texts to the authorities on the Cricket Board and owners of the Indian Premiere League to ensure maintenance form Dhawan. 

Finally, on the grounds of anguish, pain and mental cruetlty, the cricket was granted a decree of divorce by the Family Court.