Is Mohammed Shami Required to Pay Rs 4 Lakh Alimony to His Estranged Wife?

Synopsis
Key Takeaways
- The Calcutta High Court ordered significant interim maintenance for Hasin Jahan.
- The ruling emphasizes the importance of financial responsibilities in marriage.
- Hasin Jahan's financial struggles were central to her appeal.
- The case highlights issues of domestic violence and financial security.
- Mohammed Shami’s financial disclosures were crucial in the court's decision.
New Delhi, July 1 (NationPress) The Calcutta High Court has mandated Indian cricketer Mohammed Shami to disburse Rs 1.5 lakh monthly as interim maintenance to his estranged spouse Hasin Jahan, in addition to Rs 2.5 lakh allocated for the welfare and expenses of their minor daughter.
A bench presided by Justice Ajoy Kumar Mukherjee was reviewing an appeal from Hasin Jahan contesting a ruling by the Alipore Sessions Judge, which had initially ordered Shami to pay only Rs 50 thousand per month to her and Rs 80 thousand for their daughter.
The appeal argued that the Sessions Judge's decision was “mechanically” made and provided “inadequate and insufficient” interim support, given Hasin Jahan's limited monthly income of Rs 16 thousand compared to her expenses of approximately Rs 6 lakh.
It further stated that due to her financial difficulties, Hasin Jahan could not enroll her daughter in a prestigious school akin to those attended by children of other Indian cricketers.
Her attorney implored the Calcutta High Court to reassess the interim financial assistance considering Shami’s affluent status, actual earnings, lifestyle standards, and rising inflation.
Conversely, Shami’s counsel argued that Hasin Jahan had acquired properties through her modeling, acting, and business ventures and inaccurately portrayed herself as financially destitute.
Upon reviewing the case, Justice Mukherjee’s bench concluded that, “[T]he amount of interim monetary relief set by the lower court requires reassessment. The husband’s financial disclosures and earnings confirm he is capable of paying a larger sum. The petitioner, who remains unmarried and is living independently with her child, deserves a maintenance level that reflects her previous marital lifestyle and ensures a secure future for herself and her child.”
In her appeal, Hasin Jahan sought financial relief of Rs 7 lakh monthly for herself and Rs 3 lakh for her minor daughter from Mohammed Shami.
According to her initial petition under the Protection of Women from Domestic Violence Act, 2005, both Hasin Jahan and her daughter allegedly endured significant physical and emotional distress inflicted by Shami and his family.
Following her complaint, a First Information Report (FIR) was filed against Shami and his relatives under various sections of the Indian Penal Code (IPC), including 498A, 328, 307, 376, and 325.
Hasin Jahan married Mohammed Shami in 2014 under Islamic traditions, and they welcomed a daughter the following year. This marriage was Hasin Jahan's second; she has two daughters from a previous marriage.