Shikhar Dhawan wins case; court says Australian orders not binding

Delhi's Patiala House Court ruled for Shikhar Dhawan, making Australian court orders in his matrimonial case unenforceable in India. It voided a financial agreement and ordered his wife to return property sale proceeds with 9% interest.

The Patiala House Court's Family Court in New Delhi has ruled in favour of Indian cricketer Shikhar Dhawan in his civil suit against his estranged wife, issuing clear directions on the enforceability of foreign court orders and the return of property money. The court held that the orders passed by an Australian Family Court in the matrimonial dispute will not be binding on Dhawan in India.

Court Voids Financial Agreement, Foreign Rulings

It set aside the foreign court's rulings concerning property settlement, stating that they cannot be enforced against him within the country. The judge further declared that the financial agreement and related documents signed by Dhawan are null and void, accepting his contention that they were executed under threat, coercion and fraud.

Financial Directions and Repayment

In a significant financial direction, the court ordered the defendant to return the sale proceeds of properties located in Australia. This includes 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 also 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 payment is made.

Anti-Suit Injunction Restrained

Additionally, the court restrained the defendant from enforcing the Australian court's anti-suit injunction and related orders against Dhawan. The suit was decreed ex parte due to the absence of the defendant.

The court directed preparation of the decree sheet and did not pass any order regarding litigation costs. The ruling clarifies the position regarding enforcement of foreign matrimonial orders in India while granting financial relief and legal protection to the plaintiff.

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