Shikhar Dhawan, an Indian cricketer, has been granted a divorce by the Family Court of Delhi, claiming cruelty as the principal reason. The decision came after an 11-year marriage and an agreement that they would not live together after August 8, 2020. According to the court judge, Harish Kumar, the couple agreed to the divorce with mutual consent.
NEW DELHI: The Family Court of Delhi has granted an Indian cricketer a divorce, alleging cruelty as the principal cause. The court’s decision comes after an 11-year marriage and an agreement between the parties that they will not live together as husband and wife beyond August 8, 2020.
According to Harish Kumar, the judge of the Family Court, “There is no dispute that both parties had agreed to take divorce by mutual consent and that their marriage is otherwise dead long ago and have not been living as husband and wife since August 8, 2020.”
Judge Kumar said, “Respondent’s/ estranged wife’s intentional decision to leave this matter uncontested also shows her desire that the court should pass a decree of divorce even at the cost of holding her guilty of the matrimonial offense.”
The court took into account Shikhar Dhawan’s estranged wife’s past success in obtaining favorable decisions from the Federal Circuit and Family Court in Australia, which appeared to strengthen her posture in disregarding earlier court findings. As a result, the court found in favor of Dhawan, deeming him eligible for a divorce decision based on cruelty under Section 13(1)(a) of the Hindu Marriage Act.
The decision effectively annuls the marriage, which was performed on December 30, 2012, in a Gurdwara on Nelson Mandela Marg in Vasant Kunj, New Delhi.
Shikhar Dhawan also requested permanent custody of his young son, alleging worries for the child’s welfare as a result of the respondent’s activities. However, due to past court judgments in Australia about the child’s care, the custody problem became complicated.
“The child is an Australian citizen and is in Australia,” the court said in response. Any decision or verdict may be effectively executed in foreign territory only if the other country’s state machinery is ready to do so, either willingly or under international commitments.”
The court ordered the kid’s estranged mother to bring the youngster to India during school holidays for visitation reasons, including overnight stays with Shikhar Dhawan and his family members, subject to the child’s academic schedule. Unsupervised meetings between the kid and Dhawan in Australia were also authorized with previous notice.
In his reply, Shikhar Dhawan claimed, “The petitioner bought three immovable properties in Australia from his own funds but was compelled by the respondent to make her the 99% owner in one property and joint owner in two properties.” He alleged that his wife had seized a significant percentage of one property’s net sale revenues and the whole net sale proceeds of another, seeking that the title to the third property be transferred to her.
This divorce decision ends an 11-year marriage, putting some closure to a complicated and emotionally intense court struggle.