Delhi’s family court on Wednesday granted divorce to Shikhar Dhawan and his estranged wife Ayesha and said that the petitioner Shikhar Dhawan is entitled to a decree of divorce on the ground of cruelty. Harish Kumar’s family court judge while dissolving their 11 years old wedlock said, “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.”
The Judgment
“Respondent’s/ estranged wife intentional decision to leave this matter uncontested also shows her desire that the court should pass decree of divorce even at the cost of holding her guilty of the matrimonial offence 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 Federal Circuit and Family Court in Australia,” the court said.
“This thought of her has given her the courage to not abide by the order dated March 2, 2023, and June 6. 2023 of this court deliberately and intentionally. Hence, the facts and circumstances of the present case as discussed above petitioners are entitled to a decree of divorce on the grounds of cruelty,” Court added.
The Custody
The court noted that the petitioner also prayed for the custody of his minor son submitting that it was morally psychologically and mentally disastrous for the minor son to be with respondent who acted detrimentally to his welfare right from his birth. Additionally, it has also been submitted that since a criminal case is pending against the respondent, said fact is an important factor weighing in favour of the petitioner.
The issue of custody in the present case is comparatively more complicated than any other case not on merits but for other reasons. In the present case Court in Australia directed the petitioner herein to withdraw all his claim qua the custody of the child pending before this court.
This court vide order dated March 2, 2023, directed the respondent herein to withdraw her proceedings qua the custody of the child in the Court in Australia primarily for the reason that petitioner herein had first started the proceedings qua custody here in India whereas the Court in Australia ruled in its favour following “doctrine of forum convenience”.
