Mohammed Shami’s wife moves Supreme Court for ₹10 lakh monthly maintenance

The Supreme Court on Friday issued a notice to the Indian cricketer Mohammed Shami and West Bengal government on a petition moved by his wife for a monthly interim maintenance of ₹10 lakh for herself and for their daughter.

Shami's wife has challenged a Calcutta High Court order directing the cricketer to pay an interim maintenance of ₹4 lakh per month to wife and their minor daughter. The High Court in July directed that ₹1,50,000 be paid to the wife and ₹2,50,000 to the daughter till the disposal of the case relating to domestic violence against Shami.

She has now sough enhancement of the said amount to ₹10 lakh.

The appeal was listed before a bench of Justices Manoj Misra and Ujjal Bhuyan which sought responses from Shami and State.

However, the Bench also asked the petitioner whether ₹4 lakh ordered by the High Court was not sufficient for her.

Senior Advocate Shobha Gupta and advocates Deepak Prakash, Sriram Parakkat and Divyangna Mallik appeared for the wife.

Shami married the petitioner-wife in April 2014 and a girl child was born to them in July 2015. This was her second marriage and she had two daughters from the previous marriage.  

In 2018, she accused the cricketer of domestic violence, following which an FIR was registered against him. 

She then filed an application before the magistrate under the Protection of Women from Domestic Violence Act (PWDV Act), seeking interim maintenance of ₹10 lakh - ₹7 lakh for herself and ₹3 lakh for her daughter. 

The trial court ordered him to pay ₹1.3 lakh as monthly maintenance, which was enhanced to ₹4 lakh by the High Court in July.

She has now approached the Supreme Court seeking ₹10 lakh.

As per the petition, the High Court failed to consider the settled law that maintenance must reflect the husband’s income and wife’s accustomed lifestyle during marriage.

"The Petitioner herein is a victim of grave mental and physical cruelty, at the behest of the Respondent No. 2, who is an A-listed national cricketer and a high-net worth Individual, estimated to over 500 Crores. There exists a stark financial disparity between the parties, wherein the Respondent No. 2 despite having all the means to provide a reasonable lifestyle to the Petitioner and his daughter, is deliberately and tactfully failing to do the same, insofar as to avoid his lawful liability of maintaining the Petitioner and minor daughter," the plea states.

She has also submitted that their child is entitled to the same educational and lifestyle standards as other children of elite cricketers. The plea states that Shami is an affluent and financially resourceful individual, enjoying a significantly high standard of living.

"The petitioner-wife and the minor daughter, who are both legally and morally entitled to be maintained in accordance with the same standard of living, are presently deprived of the same due to the Respondent’s refusal to provide adequate support," it adds.

She has also stated that despite being qualified, she is presently without any independent source of income and "is solely burdened with the responsibility of upbringing the minor daughter."