'Mental cruelty' inflicted upon Shikhar Dhawan by his estranged wife; Delhi court grants divorce

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A Delhi court has granted a divorce to the renowned cricketer Shikhar Dhawan, citing grounds of "cruelty" inflicted upon him by his estranged wife, Aesha Mukherjee.

Shikhar Dhawan and Aesha Mukherjee entered into matrimony in 2012 and have a 10-year-old son named Zoraver Dhawan. Both Aesha and Zoraver are Australian citizens, with Aesha having been previously married and having two daughters from her first husband.

According to Bar and Bench, Judge Harish Kumar accepted the allegations on the ground that Mukherji either didn't contest them or failed to defend herself. Kumar held that Mukerji subjected Dhawan to mental affliction by forcing him to live separately from their son for years. Kumar observed that Shikhar Dhawan had endured mental anguish due to his wife's actions, which essentially led to a "long-distance marriage" by residing in Australia and keeping him separated from his son for an extended period.

In his petition, Shikhar Dhawan contended that his wife had initially promised to relocate to India to live with him, considering his inability to make a similar move to Australia due to his cricketing commitments. However, she subsequently reneged on this commitment, citing the potential loss of custody of her two daughters to her former husband.

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"He (Dhawan), through no fault of his own, endured tremendous agony and heartache, living apart from his own son for years. While the wife denied the allegations and claimed a genuine desire to reside in India with him, she chose not to contest this assertion. The respondent's conduct, in the manner described, has inflicted such cruelty, agony, and trauma on him that it was impossible for the petitioner to salvage the marriage," the court concluded.

Dhawan also alleged that Aesha had coerced him into making her the proprietor of three properties he had purchased in Australia. She held a 99 per cent stake in one property and shared ownership in the other two.

The court determined that Aesha failed to demonstrate that she did not compel Shikhar Dhawan to include her as a property owner and that she had also contributed funds to their acquisition. "The respondent needed to establish that the properties were purchased with her finances or that her name was included due to affection. Therefore, Dhawan's claim that she compelled him to make her a partial owner in all three properties or that she received the proceeds from their sale must be considered credible," the court stated.

Additionally, the court upheld Shikhar Dhawan's assertions that Aesha had pressured him to provide financial support, not only for their son but also for her two daughters, for whom she was already receiving support payments from her former spouse.

The court's verdict has now granted mandatory visitation rights to Shikhar Dhawan, allowing him to spend time with his son both in India and Australia. It has also directed Aesha to facilitate their son's visits to India, including overnight stays with Shikhar Dhawan and his family, particularly during school holidays. (With inputs from agencies)