Why Did Delhi Family Court Direct Shikhar Dhawan’s Ex‑Wife to Return ₹5.7 Crore? Explained

Former Team India captain Shikhar Dhawan scored a legal win as Delhi Family Court ordered ex-wife Aesha Mukherji to return ₹5.7 crore, setting aside the Australian property settlement as unenforceable in India, marking a major setback for her.

Former Team India white-ball captain and opener Shikhar Dhawan received a big relief after the Delhi Family Court directed his former wife, Aesha Mukherji, to return INR 5.7 crore as part of his property settlement on Wednesday, February 25.

Shikhar and Aesha married in October 2012, but the marriage ended in divorce after the Delhi Family Court granted the divorce in October 2023 on the grounds of mental cruelty during their marriage. The ex-couple already has a son, Zoravar, who was born in December 2024, two years after their marriage.

When the Delhi Family Court granted a divorce to Shikhar Dhawan from his ex-wife, it noted the allegations of emotional distress and refusal to cooperate on key family matters, which led to the decision to legally separate the couple and finalise property and financial settlements.

Setback for Aesha Mukherji

Almost three years after the divorce of Shikhar Dhawan from his ex-wife Aesha Mukherji, the Delhi Family Court reviewed the financial and property settlements, which were found to be unequal and directed Aesha to return ₹5.7 crore to Shikhar as part of the corrected settlement.

At the time of divorce in 2023, Aesha Mukherji sought AUS$ 2,5 million (about INR 13-16.9 crore) as part of a divorce settlement with Shikhar Dhawan. Additionally, Aesha has sought 99% ownership of three properties in Australia and custody of their son. The matter was going on in the court since 2021, with multiple orders from Australian courts between 2021 and 2024 being challenged by Dhawan in India.

Now, the tables have turned around as Aesha Mukerji received a major setback as the Family Court in Delhi has directed her to return INR 5.7 crore, which was part of the corrected property and financial settlement in Shikhar Dhawan’s favour.

Why Did Court As Aesha to Return INR 5.7 Crore to Dhawan?

According to the judge, Devender Kumar Garg of the Patiala House Court, declared thatthe Australian court’s property settlement cannot be enforced in India. Explaining the decision, Judge Garg stated that the Australian court’s property settlement is ‘“alien to Indian legal principles,’ and thus, the foreign order was set aside.

As per the ruling, Aesha Mukherji has been directed by the Patiala House Court to return INR 5.7 crore from the two Australian properties, one in Berwick and another in Clyde North. Additionally, Dhawan’s ex-wife was also directed to pay interest at 9 per cent on INR 5.7 crore from the date the suit was filed until the repayment is made.

Which means Aesha will have to return INR 5.7 crore, along with interest 9% to Shikhar Dhawan from the two Australian properties that were part of the disputed settlement in Berwick and Clyde North, marking a significant legal and financial win for former Team India captain.

The court reportedly agreed that Shikhar Dhawan signed the property and financial settlement documents under threats, extortion, trickery, and fraudulent conduct, threatening to tarnish his image and reputation if he did not agree to the terms of settlement, prompting the court to rule that the agreements were not executed voluntarily.

Since the Delhi Family Court ruled the verdict in favour of Dhawan, his ex-wife Aesha Mukherji will lose control over the two Australian properties, which she had earlier claimed majority of ownership of, and will now be legally obligated to pay the sum from the sale or transfer of these properties, including 9% interest on INR 5.7 crore, marking a financial and legal setback in the ongoing property dispute.

Why is Australian Property Settlement Different from Indian Law?

While ruling the property settlement dispute in favour of Shikhar Dhawan, the Patiala House Court noted that the Australian Property Settlement concept under the Family Law Act of 1975 is alienated to Indian law underthe Hindu Marriage Act of 1955 and therefore, it cannot be enforced in India.

As per the Australian Family Law Act 1975, all properties, whether they are settled in the country or abroad, are brought into a ‘marital pool’ for division. Under the Family Law Act, Australian courts can award up to 60% of total assets, mainly based on each party’s financial and non-financial contributions, future needs, and earning capacity, rather than a 50-50 split. In this case, Aesha Mukherji, an Australian citizen, used the Australian court’s property framework to get the full ownership of three properties, but the Delhi Family Court ruled that such a foreign law cannot override Indian legal principles.

In India, property and financial settlements are governed by the Hindu Marriage Act of 1955, which mandates equitable distribution of property based on Indian legal principles, including the rights and obligations of the spouses in the country.

Therefore, the Delhi Family Court ruled that the Australian Family Law Act is unenforceable in India, directing Aesha Mukherji to return ₹5.7 crore with 9% interest to Shikhar Dhawan under Indian law.