Did the SC Issue Notice to Mohammed Shami Regarding His Estranged Wife's Request to Move Matrimonial Cases to Delhi?
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New Delhi, Feb 18 (NationPress) The Supreme Court has recently issued a notice to renowned Indian cricketer Mohammed Shami in response to petitions submitted by his estranged wife, Hasin Jahan. She is requesting the transfer of matrimonial proceedings, which include her maintenance plea and allegations of domestic violence, from West Bengal to Delhi.
A bench consisting of Justices Manoj Misra and Manmohan delivered this order while reviewing the requests made by Hasin Jahan. In her petitions, she has sought the relocation of ongoing legal matters in Kolkata under the Protection of Women from Domestic Violence Act, 2005, as well as her application under Section 125 of the CrPC for maintenance. Hasin mentions that she has relocated to Delhi to facilitate the 'holistic growth and development' of her minor daughter, who is currently enrolled in a school in the national capital.
In her submission, she expressed that she lacks an independent source of income and is entirely responsible for the day-to-day care, upbringing, and welfare of her child. She argued: 'In such circumstances, forcing the petitioner to appear in court in West Bengal, which is approximately 1,500 km from Delhi, would impose significant prejudice and hardship on both the petitioner and her minor daughter.'
The petition further asserted that Shami travels internationally for cricket matches and has ample financial resources to address legal matters in Delhi. Additionally, it was noted that his family resides in Amroha, Uttar Pradesh, which is geographically closer to Delhi than Kolkata.
Hasin Jahan and Shami were married according to Islamic traditions in 2014, and they welcomed a daughter the following year. This marriage marked Hasin's second; she has two daughters from her previous marriage.
According to her initial application under the Protection of Women from Domestic Violence Act, 2005, Hasin and her minor daughter reportedly faced severe physical and mental abuse from Shami and his relatives.
Following her allegations, a First Information Report (FIR) was lodged against Shami and his family under various sections of the Indian Penal Code (IPC), including 498A, 328, 307, 376, and 325, read with 34.
In July 2015, the Calcutta High Court ordered Mohammed Shami to pay Rs 1.5 lakh monthly as interim maintenance to Hasin Jahan and an additional Rs 2.5 lakh per month for their daughter's expenses, recognizing Shami's financial capacity to provide a higher level of maintenance reflective of the standard of living during their marriage.