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<p>A Delhi court has granted 37-year-old Indian cricket Shikhar Dhawan&nbsp;a divorce from his estranged wife, Aesha Mukherji, on the grounds of mental cruelty.&nbsp;The couple married in 2012 and have a ten-year-old son, Zoravar Dhawan. Aesha is an Australian citizen and resides there with&nbsp;Zoravar.&nbsp;</p>

<p>Shikhar Dhawan's divorce petition sheds light on the Indian laws regarding&nbsp;mental cruelty in marriage.</p>

<h2>Delhi court on Shikhar's Dhawan's divorce petition</h2>

<p><span style="font-size: 15px;">In Dhawan's case, the Delhi court stated that his wife subjected him to mental agony by forcing him to live separately from his only son for several years. In the order, Judge Harish Kumar noted, "Even though the wife denied the allegation, submitting that she genuinely wanted to live in India with him, but could not 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."</span></p>

<p><strong>ALSO READ |&nbsp;</strong><a href="https://www.wionews.com/india-news/hindu-marriage-not-valid-without-saat-pheras-allahabad-high-court-642856">Hindu marriage not valid without 'saat pheras': Allahabad High Court</a></p>

<p>The judge also stated that Aesha, a Melbourne-based kick-boxer who was born in India,&nbsp;made Shikhar suffer a long-distance marriage. Although the court has not passed an order of permanent custody of Zoravar, it has granted mandatory visitation rights to Dhawan to meet his son in India and Australia. Furthermore, it ordered Aesha to bring Zoravar to India for visitation purposes, including overnight stays with Dhawan and his family and during the school holidays.</p>

<h2>Indian laws on mental cruelty in marriage</h2>

<p>The Hindu Marriage Act of 1955, which handles marriages between Hindus, and the Special Marriage Act of 1954, the law about marriages regardless of religion, contain a cruelty clause. Both acts consider cruelty in a marriage as a valid ground for divorce. However, they do not state what classifies as cruelty.</p>

<p>The courts in India define cruelty as "the total of reprehensible conduct or departure from normal standards of conjugal kindness that causes injury to health or an apprehension of it."</p>

<p>As per Indian law, there are two types of cruelty: physical and mental. While physical cruelty is definite and has no ambiguity, the courts in India have not been able to put down exactly what mental cruelty is. However, they have broadly based it on severe frustration, making it impossible for the spouse to continue matrimonial relationships.&nbsp;</p>

<p>Courts in India have made multiple judgments in divorce cases based on mental cruelty despite its uncertain definition. Refusing intercourse without sufficient reason for a long time, making false allegations about a woman's chastity, forcing the husband to separate from dependent parents, and not feeding the husband and children are a few examples of mental cruelty from past divorce cases in India.</p>

<p>Although the definition of mental cruelty is unclear, it certainly applies to both genders equally. Married couples can experience cruelty from either partner, causing the relationship to deteriorate.</p>

<p><em>(With inputs from agencies)</em></p>

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A Delhi court has granted 37-year-old Indian cricket Shikhar Dhawan a divorce from his estranged wife, Aesha Mukherji, on the grounds of mental cruelty. The couple married in 2012 and have a ten-year-old son, Zoravar Dhawan.

A Delhi court has granted 37-year-old Indian cricket Shikhar Dhawan a divorce from his estranged wife, Aesha Mukherji, on the grounds of mental cruelty. The couple married in 2012 and have a ten-year-old son, Zoravar Dhawan. Aesha is an Australian citizen and resides there with Zoravar. Shikhar Dhawan's divorce petition sheds light on the Indian laws regarding mental cruelty in marriage. Delhi court on Shikhar's Dhawan's divorce petition In Dhawan's case, the Delhi court stated that his wife subjected him to mental agony by forcing him to live separately from his only son for several years. In the order, Judge Harish Kumar noted, "Even though the wife denied the allegation, submitting that she genuinely wanted to live in India with him, but could not 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." ALSO READ | Hindu marriage not valid without 'saat pheras': Allahabad High Court The judge also stated that Aesha, a Melbourne-based kick-boxer who was born in India, made Shikhar suffer a long-distance marriage. Although the court has not passed an order of permanent custody of Zoravar, it has granted mandatory visitation rights to Dhawan to meet his son in India and Australia. Furthermore, it ordered Aesha to bring Zoravar to India for visitation purposes, including overnight stays with Dhawan and his family and during the school holidays. Indian laws on mental cruelty in marriage The Hindu Marriage Act of 1955, which handles marriages between Hindus, and the Special Marriage Act of 1954, the law about marriages regardless of religion, contain a cruelty clause. Both acts consider cruelty in a marriage as a valid ground for divorce. However, they do not state what classifies as cruelty. The courts in India define cruelty as "the total of reprehensible conduct or departure from normal standards of conjugal kindness that causes injury to health or an apprehension of it." As per Indian law, there are two types of cruelty: physical and mental. While physical cruelty is definite and has no ambiguity, the courts in India have not been able to put down exactly what mental cruelty is. However, they have broadly based it on severe frustration, making it impossible for the spouse to continue matrimonial relationships. Courts in India have made multiple judgments in divorce cases based on mental cruelty despite its uncertain definition. Refusing intercourse without sufficient reason for a long time, making false allegations about a woman's chastity, forcing the husband to separate from dependent parents, and not feeding the husband and children are a few examples of mental cruelty from past divorce cases in India. Although the definition of mental cruelty is unclear, it certainly applies to both genders equally. Married couples can experience cruelty from either partner, causing the relationship to deteriorate. (With inputs from agencies) WATCH WION LIVE HERE

Shikhar Dhawan's divorce sheds light on Indian laws regarding mental cruelty in marriage

<p>Indian cricketer Shikhar Dhawan hasn’t had the best of times on and off the field lately. While he got dropped from India’s white-ball squads owing to some mediocre performances, his relationship with his estranged wife, Aesha Mukerji also took an ugly turn. As per latest reports, Aesha tried defaming Dhawan by even circulating defamatory messages to Dhawan’s IPL franchise&nbsp;Delhi Capitals’ CEO, Dheeraj Malhotra, in an attempt to tarnish his reputation. The reports further claim that Dhawan has now filed a plea in Delhi’s Patiala House Court against her, who is also believed to have threatened Dhawan of ruining his career.</p>

<p>Looking into this case, Judge Harish Kumar has said, if Aesha actually has some ‘real grievances’ against Shikhar Dhawan, she cannot be restrained from lodging with the concerned authorities.</p>

<p><strong>ALSO READ:</strong>&nbsp;<a href="https://www.wionews.com/sports/wpl-mumbai-team-ropes-in-legend-charlotte-edwards-as-head-coach-jhulan-goswami-as-mentor-559101">WPL: Mumbai team ropes in legend Charlotte Edwards as head coach, Jhulan Goswami as mentor</a></p>

<p>However, he further added saying, “She can certainly be restrained from sharing her grievance against him (Dhawan) with her friends, relatives, peers of parties as well as from making it public even before approaching the appropriate authority."</p>

<p>"In these circumstances, she is hereby restrained till further order from circulating any of her grievances against Dhawan or her version of the dispute involved herein or the alleged defamatory and false material against him in social media, print media or to any other forum or to friends, relatives or colleagues of the parties," Kumar said as quoted by the Quint.</p>

<p>Dhawan married Aesha in 2012 and they even have&nbsp;a son who stays with&nbsp;Aesha in Australia.</p>

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<p><strong>What future lies for Dhawan?</strong></p>

<p>Out of favour opener Shikhar Dhawan last featured for India during the third ODI against Bangladesh in December last year. Now with the young players like Shubman Gill and Ishan Kishan delivering at the top in the white-ball cricket, Dhawan’s comeback doesn’t look likely to happen, at least in the 50-over format. Even in the shortest format, the left-handed batter could still feature for his IPL franchise in Delhi Capitals this season, his chances of playing T20Is for India any further look bleak too.</p>


Indian cricketer Shikhar Dhawan hasn’t had the best of times on and off the field lately. While he got dropped from India’s white-ball squads owing to some mediocre performances, his relationship with his estranged wife, Aesha Mukerji also took an ugly turn.

Indian cricketer Shikhar Dhawan hasn’t had the best of times on and off the field lately. While he got dropped from India’s white-ball squads owing to some mediocre performances, his relationship with his estranged wife, Aesha Mukerji also took an ugly turn. As per latest reports, Aesha tried defaming Dhawan by even circulating defamatory messages to Dhawan’s IPL franchise Delhi Capitals’ CEO, Dheeraj Malhotra, in an attempt to tarnish his reputation. The reports further claim that Dhawan has now filed a plea in Delhi’s Patiala House Court against her, who is also believed to have threatened Dhawan of ruining his career. Looking into this case, Judge Harish Kumar has said, if Aesha actually has some ‘real grievances’ against Shikhar Dhawan, she cannot be restrained from lodging with the concerned authorities. ALSO READ: WPL: Mumbai team ropes in legend Charlotte Edwards as head coach, Jhulan Goswami as mentor However, he further added saying, “She can certainly be restrained from sharing her grievance against him (Dhawan) with her friends, relatives, peers of parties as well as from making it public even before approaching the appropriate authority." "In these circumstances, she is hereby restrained till further order from circulating any of her grievances against Dhawan or her version of the dispute involved herein or the alleged defamatory and false material against him in social media, print media or to any other forum or to friends, relatives or colleagues of the parties," Kumar said as quoted by the Quint. Dhawan married Aesha in 2012 and they even have a son who stays with Aesha in Australia. View this post on Instagram A post shared by Shikhar Dhawan (@shikhardofficial) × What future lies for Dhawan? Out of favour opener Shikhar Dhawan last featured for India during the third ODI against Bangladesh in December last year. Now with the young players like Shubman Gill and Ishan Kishan delivering at the top in the white-ball cricket, Dhawan’s comeback doesn’t look likely to happen, at least in the 50-over format. Even in the shortest format, the left-handed batter could still feature for his IPL franchise in Delhi Capitals this season, his chances of playing T20Is for India any further look bleak too.

Relationship between Shikhar Dhawan and Aesha gets dirty, estranged wife threatens to ruin his career

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