In a significant ruling, a Family Court in Delhi has recognized the equal rights of both parents in the upbringing of a child. The court recently ordered Aesha Mukerji, the estranged wife of cricketer Shikhar Dhawan, to bring their nine-year-old son to India for a long-awaited family get-together. The child currently resides with Aesha in Australia.
The decision comes after Judge Harish Kumar admonished Aesha for objecting to bringing the child to India, particularly noting that Shikha’s family has not had the opportunity to meet their grandchild since August 2020. Initially planned for June 17, the family reunion was rescheduled to July 1 to coincide with the child’s school break.
The judge found Shikhar’s request for the child to visit India and meet his grandparents reasonable while questioning Aesha’s opposition and noting that both parties appeared more interested in blame than resolution. Aesha’s concerns were not raised during custody proceedings, and the court emphasized the importance of the child’s comfort with his father.
Regarding the nature of the request, the judge clarified that Shikhar was not seeking permanent custody but requesting a few days with his child in India, with Aesha bearing the expenses. The court acknowledged that Aesha’s objections related to expenses might be valid, but her unwillingness to allow the petitioner to meet his child lacked sufficient justification. Aesha’s fears and the reasons for involving the Australian court and placing Shikhar on a watchlist remained
unclear, rendering her objections unjustifiable.
In a separate order issued on May 29, the judge criticized Aesha for questioning the jurisdiction of the Indian court to decide on bringing the child to India for the family function. The court emphasized the inconsistency in Aesha’s stance, as she recognizes the importance of Shikhar’s
role in their child's life but opposes the child’s meeting with his father and grandparents. The judge stressed that if the father holds such significance, Aesha should provide him with the opportunity to instill important values in their child.
Representing Aesha Mukerji, Senior Advocate Siddharth Agarwal appeared in court, while Advocate Aman Hingorani represented Shikhar Dhawan.