The Patiala House Court’s Family Court in New Delhi recently made a significant ruling in favor of Indian cricketer Shikhar Dhawan regarding his civil suit against his estranged wife. This decision addressed the enforceability of foreign court orders and the return of property funds.
In its judgment, the court determined that the orders issued by an Australian Family Court in the context of Dhawan’s matrimonial dispute do not apply in India. The Indian court set aside the foreign rulings related to property settlements, declaring that these cannot be enforced against Dhawan within Indian jurisdiction.
The judge made a notable declaration that the financial agreement and associated documents signed by Dhawan were invalid. The ruling supported Dhawan’s claim that these documents were executed under duress, coercion, and fraudulent circumstances.
In terms of financial directions, the court mandated that the defendant return the sale proceeds of properties in Australia. This includes AU $812,397.50 received as an interim property settlement from the Berwick property and AU $82,000 held from the sale of another property in Clyde North. Furthermore, the court ordered that interest at a rate of 9 percent per annum be applied to these amounts from the date the suit was filed until full payment is received.
To protect Dhawan’s interests, the court also prohibited the defendant from enforcing the Australian court’s anti-suit injunction and related rulings against him.
The ruling was issued ex parte, as the defendant was absent from the proceedings. The court has directed the preparation of the decree sheet but did not mention any orders regarding litigation costs. This decision underscores the legal stance on the enforcement of foreign matrimonial orders in India while providing financial relief and safeguarding the rights of the plaintiff.