Calcutta High Court orders Mohammed Shami to pay ₹4 lakh per month to estranged wife, daughter

The Calcutta High Court on Tuesday ordered cricketer Mohammed Shami to pay an interim maintenance of ₹4 lakh per month to his estranged wife and minor daughter. .Justice Dr Ajoy Kumar Mukherjee revised the trial court order which had directed Shami to pay ₹1,30,000 as maintenance to his wife and daughter.The High Court 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. “In my considered opinion, a sum of Rs. 1,50,000/- per month to the petitioner no.1(wife) and Rs. 2,50,000 to her daughter would be just fair and reasonable to ensure financial stability for both the petitioners, till disposal of the main application. Such amount is to be paid by the opposite party/husband form the date of filing of the application under section 23 of the PWDV Act [Protection of Women from Domestic Violence Act],” the Court said. If Shami wants to contribute more towards his daughter’s educational or any other expense, he is at liberty to do so, the Court said. .The Bench passed the order while dealing with a plea filed by Shami’s wife challenging a sessions court order directing him to pay a total interim maintenance of ₹1,30,000. Notably, this amount was an increase from the order of a magistrate who had directed the cricketer to pay ₹80,000 as interim maintenance to his daughter and nothing to his wife. Shami married his estranged wife in April 2014 and they had a girl child in July 2015. This was the woman’s second wedding 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. .After considering the case, the High Court said that the basis on which the trial court awarded a meagre maintenance amount was unclear in the context of the incomes of the two sides. “The opposite party/husband’s income, financial disclosure and earnings established that he is in a position to pay a higher amount. The petitioner wife who has remained un-married and is living independently with the child is entitled to a levelled maintenance that she enjoyed during her continuance of marriage and which reasonably secure her future as well as future of the child,” the Bench said. Therefore, it increased the maintenance amount and ordered the trial court to decide the woman’s main application as soon as possible. .Advocates Imtiaz Ahmed, Ghazala Firdaus, Sk Saidullah, Mithun Mondal and Md Arsalan appeared for the wife. Mohammed Shami was represented by advocates Sandipan Ganguly, Sompriya Chowdhury, B Kumar and I Basu.