Delhi Court Orders Shikhar Dhawan Ex-Wife to Return Rs 5.7 Crore

• Court says Australian “property settlement” order not valid in India

• Ex-wife directed to return nearly Rs 5.7 crore

• Claim of Rs 16.9 crore under foreign ruling rejected

New Delhi: A family court in Delhi has directed the Shikhar Dhawan Ex-Wife to return nearly Rs 5.7 crore, ruling that an Australian court’s property settlement order cannot be enforced under Indian law.

Family Court Judge Devender Kumar Garg observed that the concept of “property settlement” under Australia’s Family Law Act, 1975 does not align with Indian matrimonial laws, including the Hindu Marriage Act, 1955. As a result, the foreign order was held to be legally unenforceable in India.

The court further clarified that Dhawan’s former wife cannot seek Rs 16.9 crore as awarded by the Australian court. According to the Delhi court, the structure of property division under Australian law—where a husband’s global assets may be pooled together and divided—has no equivalent under Indian legal provisions.

Under Section 79 of Australia’s 1975 Act, the Australian court had directed payment of AU $8,12,397.50 from the sale of properties. It also issued interim directions regarding proceeds from two Australian properties. However, the Delhi court noted that Dhawan had not consented to such arrangements and that his former wife did not appear before the Indian court during proceedings.

The judge also recorded that Dhawan successfully demonstrated that AU $82,000 had been forcibly retained.

Legal experts say the ruling highlights an important principle: foreign court orders related to matrimonial property settlements may not automatically apply in India if they conflict with domestic laws. Indian courts examine whether such rulings are consistent with Indian public policy and statutory provisions before allowing enforcement.

The decision could serve as a reference point in cases involving cross-border divorces and financial disputes, particularly when one party seeks enforcement of overseas property division orders in India.

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