A family court in Delhi on Wednesday granted divorce to cricketer Shikhar Dhawan on the ground of mental cruelty by his estranged wife Aesha Dhawan. Aesha did not contest the case after “a reasonable stage” hence, the allegations raised by Dhawan was accepted as unopposed and unchallenged.

Judge Harish Kumar while noting that the marriage was “dead long ago” and parties have not being living as husband and wife since August, 2020 said, “ “Respondent’s intentional decision to leave this matter uncontested also show her desire that court should pass decree of divorce even at the cost of holding her guilty of matrimonial offense as she knows that no harm could be caused to her even if she is held to have treated the petitioner with cruelty because she has already obtained sufficient favourable orders from the Court in Australia.”

Dhawan alleged that respondent wife had assured to live with him in India, however due to her commitment to her former husband she stayed in Australia with her two children from her previous marriage and her son with Dhawan. 

The court noted, “... it stands proved that respondent backtracked from her assurance of setting up matrimonial home in India after marriage and thus made the petitioner suffer a long distance marriage and suffer immense agony and anguish of living separately from his own son for years.” Other allegations of Dhawan like compelling him to make her co-owner of three properties that he had bought in Australia were also accepted by the Court as Aesha did not contest it.

Since petitioner is a reputed International Cricketer and has been pride of the nation, subject to petitioner approaching the Union Government of India, it is requested to take up the issue of visitation/custody of the minor son with its counterpart in Australia to help him have regular visitation or chatting with his own son or his permanent custody,” the court ordered.

As per Dhawan’s plea, the wife had initially said she would live with him in India. However, she failed to do so owing to a commitment to her ex-husband with whom she has two daughters. The wife had committed to her ex-husband not to leave Australia where she presently lives with her two daughters and a son from Dhawan.

He (Dhawan) for no fault of his own had been through immense agony and anguish of living separately from his own son for years.

Even though the wife denied the allegation, submitting that though she genuinely wanted to live in India with him, however due to her commitment towards her daughters from her previous marriage requiring her to stay in Australia, she could not come to live in India and that he was well aware of her commitment, yet she did not choose to contest the claim,” the judge noted.