Divorce proceedings can be bitter, and if the man happens to be a public figure, he is further subjected to defamation and slander even before any final verdict by a competent court.
Indian Cricketer Shikhar Dhawan approached a court in Delhi to restrain his estranged wife Aesha Mukerji from circulating “defamatory and false material” against him on social or print media and among other individuals, including friends and relatives.
The Patiala House Court has now restrained the estranged wife to indulge in any further public commentary while the divorce proceedings are underway.
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Case:
Aesha Mukerji, a kickboxer by profession, met Dhawan via common friend and cricketer Harbhajan Singh and the duo got married in 2012. The couple has a 9-year-old son named Zoravar.
Aesha is an Anglo-Indian, born to Indian father and mother of British descent. Her family had moved to Australia in her early days of childhood.
1st Marriage
Aesha was formerly married to an Australian businessman before marrying Shikhar Dhawan. She has two daughters from her previous marriage, born in 2000 and 2005 respectively.
In September 2021, Dhawan and Aesha announced their separation after eight years of marriage. Aesha had taken to her Instagram account, where she then posted:
I thought divorce was a dirty word until I became a 2 time divorcee.
Dhawan too had shared a cryptic message in Hindi then on Instagram which seemingly pointed towards his separation:
Kisi bhi mukaam ko paane ke liye poora jaan, samjh, dil lagta hai. Pyaar hona chaiyeh apna kaam ke towards tabhi barkhat aati hain aur enjoyment bhi. Keep on working hard to turn your dreams into reality.
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Divorce Case:
The cricketer and his wife have been living separately since August 2020. Dhawan has also filed a petition for divorce on the ground of cruelty under section 13(l)(ia) of Hindu Marriage Act. The wife and their child are citizens of a foreign country.
Dhawan Moves Court For Defamation
As per a report by LiveLaw, the Patiala House Court has passed an order against Aesha on an application filed by Dhawan for ex-parte injunction restraining her from circulating the alleged defamatory material. It was submitted that the wife had circulated alleged defamatory and false messages against him on WhatsApp in order to “malign his reputation and ruin his career.”
Court Order:
Judge Harish Kumar of Patiala House Courts said:
Reputation of a person is dear to everyone and is considered as property of highest degree because materialistic property can be regained after loss but reputation cannot be regained once damaged.
While observing that the reputation of an individual has to be protected, the court, however, added that if anyone has lawful grievance against the other person, then he or she cannot be restrained from venting out his or her grievance to concerned authority.
Adding further, the court said:
Thus, if respondent/wife has real grievance against petitioner she cannot be restrained from making any grievance to concerned authority but she can certainly be restrained from sharing her grievance against the petitioner with friends, relatives, peers of parties as well as from making it public even before approaching appropriate authority.
The court also directed her to facilitate the video call between the child and his father for 30 minutes everyday.
VFMI Take:
- Have divorce proceedings become a nightmare for men in India?
- Defamation laws are extremely weak in our country, and someone like Dhawan may still be able to get quick relief from the court
- What happens to reputation of several other common men, whose wives write endless one sided stories on social media against ex-husbands and their families?
- Its time, all men facing similar situation approach court and obtain similar orders
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