In the Mohammed Shami maintenance case, the Supreme Court of India on Friday issued notice to cricketer Mohammed Shami and the State of West Bengal on a petition filed by his wife Hasin Jahan, seeking an enhanced monthly maintenance of ₹10 lakh for herself and their minor daughter.
The matter was heard by a Bench comprising Justices Manoj Misra and Ujjal Bhuyan, which sought the responses of Shami and the State to the plea challenging the Calcutta High Court’s earlier order.
The petitioner-wife has assailed the Calcutta High Court’s July 2025 order, which had directed Shami to pay an interim maintenance of ₹4 lakh per month, ₹1.5 lakh to Hasin Jahan and ₹2.5 lakh to their daughter, until the final disposal of the domestic violence case pending before the magistrate.
However, dissatisfied with the High Court’s determination, the petitioner has now sought enhancement of the amount to ₹10 lakh, citing Shami’s high financial standing and lifestyle.
Petitioner’s Contention
The petition, filed through Senior Advocate Shobha Gupta, assisted by Advocates Deepak Prakash, Sriram Parakkat, and Divyangna Mallik, contends that the High Court failed to consider the settled principle of law that maintenance must be proportionate to the husband’s income and the standard of living the wife was accustomed to during the marriage.
It is further submitted that the petitioner is a victim of both mental and physical cruelty, and despite being an A-listed national cricketer and a high-net-worth individual with an estimated wealth exceeding ₹500 crore, Shami has “deliberately and tactfully evaded his lawful liability” to maintain his wife and daughter.
The plea asserts that the petitioner’s minor daughter is entitled to the same lifestyle and educational standards as the children of other elite Indian cricketers. The petition emphasizes that Hasin Jahan, though educated, currently lacks any independent source of income and solely bears the responsibility for raising the child.
Bench’s Observation
During the hearing, the Bench queried the petitioner’s counsel whether the existing ₹4 lakh monthly maintenance directed by the High Court was insufficient. Nonetheless, notice was issued to both Mohammed Shami and the State of West Bengal, seeking their response.
Background
Shami and Hasin Jahan were married in April 2014, and a daughter was born in July 2015. This was Jahan’s second marriage, and she has two daughters from her previous marriage.
In 2018, Jahan lodged an FIR against Shami alleging domestic violence, following which she initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) before the magistrate. She initially sought ₹10 lakh interim maintenance, ₹7 lakh for herself and ₹3 lakh for her daughter.
The trial court awarded ₹1.3 lakh per month, later enhanced to ₹4 lakh by the Calcutta High Court in July 2025. She has now approached the Supreme Court seeking a further increase to ₹10 lakh.
Party Details
- Petitioner: Hasin Jahan
- Respondents: Mohammed Shami and State of West Bengal
- Petitioner’s Counsel: Senior Advocate Shobha Gupta, Advocates Deepak Prakash, Sriram Parakkat, Divyangna Mallik
- Bench: Justice Manoj Misra and Justice Ujjal Bhuyan
- Case: Mohammed Shami maintenance case
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