HC on custody: Mother alone has no right to child, says Delhi High Court; Orders Shikhar Dhawan’s estranged wife Aesha Mukerji to take their son to India

Shikhar Dhawan (Image credit: Twitter/@IMHimanshu_Raj)

New Delhi, June 8: A court in Delhi has ordered Aesha Mukerji, the estranged wife of cricketer Shikhar Dhawan, to bring her nine-year-old son to India for a family reunion, on the grounds that a mother alone does not have exclusive rights over a child.

The duo have started court cases for divorce and custody in both India and Australia. Judge Harish Kumar of the Patiala House Courts reprimanded Mukerji for objecting to the child’s transfer to India. The family court was told that Dhawan’s family had not seen the child since August 2020. Chris Gayle and Shikhar Dhawan take part in the first day of the IND vs. AUS WTC 2023 finals at the Oval (pictured).

The family reunion originally scheduled for June 17 was postponed to July 1 due to the child’s school holidays. However, Mukerji again objected, claiming that the event would be unsuccessful as many more family members had not been consulted about the new date.

The judge noted that even if Dhawan did not consult his extended family, there would be no serious consequences as some family members might not be able to attend the gathering.

The judge acknowledged that the child had not visited India since August 2020 and Dhawan’s parents and other family members had not had an opportunity to meet the child.

Therefore, the judge considered Dhawan’s wish for the child to meet his grandparents to be justified. The judge questioned Mukerji’s reasons for not wanting the child to be introduced to Dhawan’s home and relatives in India.

Considering the child’s school holidays and the fact that the child is comfortable in Dhawan, the judge considered his request that the child should spend a few days in India realistic. Delhi court upholds Rajya Sabha Secretariat’s order to annul the allocation of Raghav Chadha’s Pandara Road bungalow.

The judge found that Mukerji’s concerns about the child’s well-being at meeting Dhawan were not addressed during the ongoing custody proceedings and that both parties held each other responsible for the litigation.

“The blame for pollution within the family must be shared by both. Disputes arise when one raises a concern and the other does not appreciate or heed it,” the court said, adding that the mother alone has no right to the child, for whatever reason. Then she refuses that the petitioner his own child if he is not a bad father to the child.

The court clarified that Dhawan was not seeking permanent custody of the child in the present application, but merely wanted the child to be in India for a few days at Mukerji’s expense.

The court said: “Your objection as to costs may be justified and a resulting objection may be in order, but your dislike may not be justified. She was unable to explain what her fear of the plaintiff was as a child and why she approached the court in Australia to put him on the watch list. If the petitioner had intended to go to court to take custody of the child, he would not have approached the court in India. As soon as her concern is not clear, she refuses to admit the petitioner. Getting to know his child cannot be appreciated.

(The story above first appeared on LatestLY on June 8, 2023 at 3:21pm IST. For more politics, world, sports, entertainment and lifestyle news and updates, log on to our site Latestly.com.)

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