Indian Court Rules Australian Property Settlement Unenforceable in Shikhar Dhawan Divorce Case
In a significant legal development, a court in New Delhi has issued a directive for the former wife of renowned cricketer Shikhar Dhawan to return approximately Rs 5.7 crore. The ruling emphasizes that orders passed by an Australian family court under the concept of "property settlement" are contrary to Indian law and, therefore, unenforceable within India's jurisdiction.
Court Rejects Australian Court's Award and Clarifies Legal Differences
Family court judge Devender Kumar Garg not only ordered the return of funds but also explicitly stated that Dhawan's ex-wife cannot demand the Rs 16.9 crore awarded by the Australian court. The judge provided a detailed analysis, observing that the concept of "property settlement" under Australia's Family Law Act 1975 is alien to Indian matrimonial law. This includes statutes such as the Hindu Marriage Act 1955, which govern divorce proceedings in India.
The court elaborated on the fundamental differences between the two legal systems. Under Australian law, all properties of the husband are typically brought into a "marital pool," and the court may award up to 60% of the total properties, both in India and abroad, to the wife. In Dhawan's specific case, the Australian court invoked Section 79 of the 1975 Act to direct a payment of AU $8,12,397.50 from the sale of property.
Key Details of the Case and Court's Findings
The judge noted that Dhawan's former wife did not appear before the court during the proceedings, which may have influenced the decision. It was recorded that the Australian court had directed Dhawan to pay the sale proceeds of two properties in Australia under an "interim property settlement." Dhawan claimed he had not consented to this arrangement, highlighting a lack of mutual agreement.
Additionally, the court held that Dhawan successfully proved that AU $82,000 was forcibly retained, further supporting his case against the enforceability of the Australian orders. This aspect underscores the court's scrutiny of the circumstances surrounding the financial transactions.
Implications of the Ruling
This ruling sets a precedent for similar cross-border divorce cases, reinforcing that Indian courts will not automatically enforce foreign judgments that conflict with domestic matrimonial laws. It highlights the importance of legal compatibility and the protection of individual rights under Indian statutes.
Legal experts suggest that this decision could impact how international divorces involving Indian citizens are handled, particularly when property settlements are contested across different jurisdictions.
