Case Title: Shikhar Dhawan vs Aesha Dhawan
A single bench of Justice Harish Kumar of Family Court in Delhi ordered estranged wife of cricketer Shikhar Dhawan Aesha to bring their son to India for cricketer’s family function.
The bench observed that “Even if petitioner presumably did not consult the other members of his extended family, what would be the consequence thereof – at best such get together would be a flop one as many of his members of the family might not make it to the party but petitioner and his parents will have the joy of having the company of their eye’s apple. Admittedly, child of the petitioner has not visited India since August, 2020 and parents of the petitioner and other family members have not got chance to meet the child and petitioner’s desire to have bis child meet with grand parents cannot be said to be unreasonable”.
The family function was fixed on June. However, the estranged wife of cricketer objected to bringing their child then giving the reason that he would miss school.
Considering the fact, the event was rescheduled to July as school would be shut down during that period but she again objected the re-planned function.
“Why she does not want the child to be frequent and familiar to petitioner’s home and his relatives in India. Hence, in this circumstance when there is school holiday of the child, petitioner’s desire to have the child in India for few days cannot be said to be unrealistic particularly when child is comfortable with petitioner”.
Justice further said that “Mother alone does not have right over the child, why then she is opposing the petitioner to meet his own child when he is not bad father to the child”.
The bench in its order observed that “If father has an important role in the life of the child it is equally important for her to provide him with opportunity so as to allow him to inculcate in the child the values he considers important. The respondent (Aesha) being originally Indian should definitely understand the role of other family members in the life of the child as well”.
