The household court docket of Delhi on Wednesday granted divorce to Cricketer Shikhar Dhawan and her estranged spouse and mentioned the petitioner (Shikhar Dhawan) is entitled to decree of divorce on the bottom of cruelty. Harish Kumar’s household court docket choose whereas dissolving their 11 years outdated wedlock mentioned, “There isn’t a dispute that each events had agreed to take divorce by mutual consent and that their marriage is in any other case useless way back and haven’t been dwelling as husband and spouse since August 8, 2020.”
“Respondent’s/ estranged spouse intentional choice to depart this matter uncontested additionally reveals her want that the court docket ought to cross decree of divorce even at the price of holding her responsible of the matrimonial offence as she is aware of that no hurt may very well be induced to her even when she is held to have handled the petitioner with cruelty as a result of she has already obtained ample beneficial orders from the Federal Circuit and Household Courtroom in Australia,” the court docket mentioned.
“This considered her has given her the braveness to not abide by the order dated March 2, 2023 and June 6. 2023 of this court docket intentionally and deliberately. Therefore, the information and circumstances of the current case as mentioned above petitioners are entitled to a decree of divorce on the grounds of cruelty,” Courtroom added.
Courtroom additional mentioned that the decree of divorce on the bottom enumerated in Part 13(1)(a) of the HMA is hereby handed thereby dissolving the wedding between events herein, carried out on December 30, 2012, based on Sikh rites on November 30, 2012 at Gurudwara, Nelson Mandela Marg, Vasant Kunj, New Delhi.
The Courtroom famous that Petitioner has additionally prayed for the grant of everlasting custody of his minor son submitting that it was morally, psychologically and mentally disastrous for the minor son to be with respondent who persistently acted detrimentally to his welfare proper from his beginning. Moreover, it has additionally been submitted that since a prison case is pending in opposition to the respondent, mentioned truth is a crucial issue weighing in favour of the petitioner.
The difficulty of custody within the current case is relatively extra difficult than some other case not on deserves however for different causes. Within the current case Courtroom in Australia directed the petitioner herein to withdraw all his declare qua the custody of the kid pending earlier than this court docket.
This court docket vide order dated March 2, 2023, directed the respondent herein to withdraw her proceedings qua the custody of the kid within the Courtroom in Australia primarily given that petitioner herein had first began the proceedings qua custody right here in India whereas the Courtroom in Australia dominated in its favour following “doctrine of discussion board comfort”.
“The kid is an Australian citizen and is in Australia. Any order or judgement might be applied in international territory successfully provided that the State equipment of that international nation is keen to implement the identical both voluntarily or underneath worldwide obligations,” the court docket mentioned.
“Within the meantime, topic to the tutorial schedule of the kid, the respondent is hereby directed to deliver the kid to India for visitation functions, together with an in a single day keep, with the petitioner and his relations, atleast for half the interval of faculty trip in the course of the tutorial calendar. Topic to the tutorial schedule of the kid respondent is additional underneath obligation to let the kid have unsupervised conferences with the petitioner in Australia for ample length as and when he visits Australia with advance intimation, the Courtroom mentioned in an order.
Shikar Dhawan by plea said that he found post-marriage that the first cause for the respondent to induce the petitioner into marrying her was merely to extort crores of rupees from him. Shortly after the wedding, the respondent threatened to manufacture defamatory and false materials in opposition to the petitioner and flow into the identical to destroy the fame and cricketing profession of the petitioner if he didn’t comply together with her calls for for cash.
“The petitioner purchased three immovable properties in Australia from his personal funds however was compelled by the respondent to make her the 99% proprietor in a single property and joint proprietor in two properties. The respondent had taken a bit of the online sale proceeds of 1 property and your complete internet sale proceeds of the second property and was demanding that the title of
the third property be transferred to her, “Shikhar Dhawan said in his plea.
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