Wife Hasin Jahan seeks Rs 7 lakh per month maintenance, say Rs 4 lakh doesn’t match Shami’s lucrative earnings

The Supreme Court has sought the response of Indian cricketer Mohammad Shami and the West Bengal government on his estranged wife, Hasin Jahan's plea seeking increased maintenance after her separation from Shami.

During the hearing, the bench orally remarked that for maintenance on an interim basis, the award as ordered by the Calcutta High Court to Shamis' wife and daughter is "quite handsome".

The Calcutta High Court had directed Mohammed Shami to pay his estranged wife, Hasin Jahan and daughter a monthly alimony of Rs 4 lakh as maintenance. Jahan will have to be paid Rs 1.50 lakh per month, while the daughter will get Rs 2.50 lakh per month, the High Court had ordered.

Hasin Jahan, in her plea before the Supreme Court, has challenged the Calcutta High Court's order on maintenance, contending that it fails to reflect the settled legal principles governing maintenance as laid down in the case Rajnesh v. Neha (2021).

She argues that the amount awarded does not correspond to Mohammed Shami's high income or the standard of living she and her daughter were accustomed to during marriage.

It is further submitted that under Section 20 of the Protection of Women from Domestic Violence Act, 2005, monetary relief must be adequate, fair, reasonable and consistent with the marital lifestyle.

Jahan contends that her child is entitled to the same educational and lifestyle standards as other children of elite cricketers, but this has not been ensured.

The plea stresses that her education or ability to work cannot negate her right to maintenance, as the court must consider the husband's financial capacity and social standing.

Stating that Shami's net monthly income is approximately Rs 59.96 lakh, she argues that even applying the one-third income rule, the awarded amount is grossly inadequate. She therefore seeks an enhanced interim maintenance of Rs7,00,000 per month for herself and Rs 3,00,000 per month for her daughter, or any higher amount deemed appropriate by the Supreme Court.

Jahan, a former model, married Mohammed Shami in 2014. The couple had a daughter in 2015. Shami and Hasin Jahan separated in 2018 after she accused him of domestic violence and adultery. They have been in the midst of a divorce case since then, with ongoing legal battles regarding alimony and other matters.

In July this year, the Calcutta High Court directed Shami to pay his estranged wife, Hasin Jahan, and daughter a monthly alimony of Rs 4 lakh as maintenance. Jahan will have to be paid Rs 1.50 lakh per month, while the daughter will get Rs 2.50 lakh per month. Jahan, a former model, married Mohammed Shami in 2014.

In the year 2019, in the month of March, the police filed a charge sheet in the court against Shami relating to Section 498A (dowry harassment) and 354A (sexual harassment) of the Indian Penal Code (IPC).