The Legal Battle Over “Adequate Maintenance” for a Cricketer’s Family in Supreme Court
New Delhi: In a case that puts the spotlight on the financial obligations of the country’s sporting elite, the Supreme Court on Friday stepped into the acrimonious maintenance dispute between Indian cricketer Mohammed Shami and his wife, Hasin Jahan. The apex court has issued formal notices to Shami and the West Bengal government, seeking their stand on Jahan’s petition demanding a steep enhancement in monthly interim maintenance from the current ₹4 lakh to ₹10 lakh for herself and their daughter.
The bench of Justices Manoj Misra and Ujjal Bhuyan, while admitting the appeal, posed a pointed question to Jahan’s counsel, Senior Advocate Shobha Gupta, asking whether the sum of ₹4 lakh per month mandated by the Calcutta High Court was indeed “not sufficient” for her upkeep. This query sets the stage for a legal examination of what constitutes “adequate maintenance” when one party is a celebrity athlete with immense wealth.
A Legal Battle Forged in Allegations of Abuse
The roots of this financial tussle lie in serious personal allegations. Jahan married Shami in April 2014, and the couple has a daughter born in July 2015. The relationship soured in 2018 when Jahan publicly accused the cricketer of domestic violence and infidelity, leading to the registration of an FIR against him. These allegations form the backdrop of the ongoing legal proceedings, under which Jahan sought relief under the Protection of Women from Domestic Violence Act (PWDV Act).
Her initial application before a magistrate court was for interim maintenance of ₹10 lakh per month—₹7 lakh for herself and ₹3 lakh for their daughter. The trial court, in its order, directed Shami to pay ₹1.3 lakh monthly. Dissatisfied, both parties approached the Calcutta High Court; Jahan sought an enhancement, while Shami likely contested the order.
In a significant July ruling, the High Court more than tripled the maintenance, directing Shami to pay a total of ₹4 lakh per month (₹1.5 lakh to the wife and ₹2.5 lakh for the daughter) until the final disposal of the domestic violence case. It is this order that Jahan has now challenged in the Supreme Court, arguing that it still falls short of reflecting Shami’s true financial capacity.
The Core of the Petition: Lifestyle, Law, and Disparity
The petition filed in the Supreme Court makes several compelling arguments grounded in legal precedent and the stark reality of the couple’s financial disparity:
- The “Accustomed Standard of Living” Doctrine: The plea contends that the High Court failed to apply the settled law that maintenance must be determined by two key factors: the husband’s actual income and the standard of living the wife was accustomed to during the marriage. It argues that a generic amount, without considering Shami’s elite status, is a legal error.
- Portrayal of Shami’s Affluence: Shami is described in the petition as an “A-listed national cricketer and a high-net-worth Individual, estimated to over 500 Crores.” It details his lucrative contracts with the Board of Control for Cricket in India (BCCI), earnings from the Indian Premier League (IPL), and numerous brand endorsements, portraying a lifestyle of luxury and significant financial resources.
- The Child’s Entitlement: A significant part of the plea focuses on the rights of the couple’s minor daughter. It asserts that the child is “entitled to the same educational and lifestyle standards as other children of elite cricketers,” arguing that the current maintenance does not guarantee this parity.
- Allegation of Deliberate Avoidance: The petition accuses Shami of “deliberately and tactfully” avoiding his lawful liability to maintain his wife and daughter adequately, despite possessing all the means to do so. It states that Jahan, though qualified, is currently without an independent income and is “solely burdened” with raising their daughter, thus being entirely dependent on the court-ordered maintenance.
Broader Implications and The Road Ahead
This case transcends the personal dispute and touches upon broader legal questions regarding maintenance in high-net-worth divorces and separations. The Supreme Court’s ultimate decision will be closely watched for its interpretation of Section 12 of the PWDV Act, which governs the grant of monetary reliefs.
The court’s initial query on the sufficiency of ₹4 lakh per month indicates a rigorous scrutiny of the actual costs associated with maintaining a lifestyle commensurate with that of a top cricketer’s family. The outcome will hinge on the evidence presented regarding Shami’s exact income, expenses, and assets, balanced against the genuine needs of the petitioner and her child.
With the notices now issued, Shami and the West Bengal government are expected to file their counter-affidavits, after which the Supreme Court will likely hear detailed arguments from both sides. The proceedings promise to be a definitive legal battle, setting a potential benchmark for how Indian courts quantify “adequate maintenance” for the families of the nation’s sporting superstars.
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