The Supreme Court on Thursday issued notice on petitions filed by Hasin Jahan, wife of cricketer Mohammed Shami. She seeks transfer of proceedings under the Protection of Women from Domestic Violence Act, 2005 and Section 125 of the Code of Criminal Procedure from Kolkata to Delhi.
A Bench of Justice Manoj Misra and Justice Manmohan passed the order.
Background of the Dispute
Hasin Jahan married Md. Shami on April 7, 2014, in accordance with Islamic rites and customs. Their daughter was born on July 17, 2015.
In 2018, Jahan initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005. She alleged severe physical and mental cruelty by Shami and his family members.
She also filed a written complaint. Police registered Jadavpur P.S. Case No. 82 of 2018 dated March 8, 2018 under Sections 498A, 328, 307, 376, 325 and 34 of the Indian Penal Code.
Additionally, she filed a petition under Section 125 CrPC seeking maintenance.
Procedural History
In August 2019, the Chief Judicial Magistrate, Alipore issued arrest warrants against Shami and his relatives. The Sessions Court later stayed those proceedings. The stay continued for four years.
Jahan challenged the stay before the High Court. However, the High Court dismissed her plea. She then approached the Supreme Court.
In 2023, the Supreme Court directed the Sessions Court to decide the warrant-related proceedings within one month.
Subsequently, the Calcutta High Court directed Shami to pay ₹4 lakh per month as interim maintenance to Jahan and their daughter. Later, Jahan approached the Supreme Court seeking enhancement of interim maintenance to ₹10 lakh per month.
Grounds for Transfer
Jahan has now shifted to Delhi for the overall welfare and development of the minor daughter. She seeks transfer of both the domestic violence and maintenance cases from Kolkata to Delhi.
According to the petitions, Shami’s family resides in Amroha, Uttar Pradesh. She contends that transferring the cases to Delhi would benefit both parties.
The petitions further state that Shami travels internationally for matches and leagues and has sufficient financial resources to contest proceedings in Delhi.
Jahan has asserted that she has no independent source of income. She states that she alone manages the daily care and upbringing of the minor child. Compelling her to pursue litigation in West Bengal, she submits, would cause grave hardship and prejudice.
The petitions have been filed through Advocate-on-Record Deepak Prakash.
Case Titles
- Hasin Jahan v. Md. Shami and Ors.
- Hasin Jahan v. Md. Shami
