Cricketer Md Shami's Wife Approaches Supreme Court To Transfer DV Act, Maintenance Cases From Kolkata To Delhi

The Supreme Court today issued notice on pleas filed by cricketer Mohammed Shami's wife seeking transfer from Kolkata to Delhi of the cases filed by her under the Domestic Violence Act and Section 125 of the CrPC.

A bench of Justice Manoj Misra and Justice Manmohan passed the order.

To recap, the petitioner, Hasin Jahan, married Md. Shami on 7 April 2014 in accordance with Islamic rituals and customs. A daughter was born to the couple on 17 July 2015.

In 2018, the petitioner initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that after the marriage, she and her minor daughter were subjected to severe physical and mental cruelty at the hands of Shami and his family members.

She further stated that under compelling circumstances, she lodged a written complaint, which was treated as an FIR, leading to the registration of Jadavpur P.S. Case No. 82 of 2018 dated 8 March 2018 under Sections 498A, 328, 307, 376, 325 and 34 of the IPC.

She also filed a petition under Section 125 of the CrPC seeking maintenance.

In August 2019, the Chief Judicial Magistrate, Alipore issued arrest warrants against Shami and his relatives. The proceedings were later stayed by the Sessions Court and the stay operated for 4 years. When the petitioner assailed the order before the High Court, her plea was rejected. Against the dismissal, she came before the Supreme Court.

In 2023, the top Court directed the Sessions Court to dispose of the proceedings related to warrants against Shami and his relatives within a month. Last year, the Calcutta High Court asked Shami to pay the petitioner and his daughter Rs 4 lakh per month as interim maintenance. Last year, she approached the Supreme Court, challenging the High Court's order, seeking enhanced maintenance of Rs 10 lakh per month.

Having shifted to Delhi, considering the holistic growth and development of the couple's daughter, the petitioner has approached the Supreme Court for the transfer of the DV Act case and the maintenance case from Kolkata to Delhi.

She states that Shami's family resides in Amroha, Uttar Pradesh and the transfer to Delhi would be beneficial to both parties. She further asserts that Shami, who travels across countries for matches and leagues, has sufficient financial resources to contest the cases in Delhi.

The plea also claims that the petitioner has no independent source of income and is solely responsible for the day-to-day care, upbringing, and welfare of the minor daughter. As such, compelling her to contest the cases in West Bengal would cause grave hardship and prejudice.

The petition has been filed through AoR Deepak Prakash.

Case Title:

(1) HASIN JAHAN Versus MD. SHAMI AND ORS., T.P.(Crl.) No. 124/2026

(2) HASIN JAHAN Versus MD. SHAMI, T.P.(Crl.) No. 139/2026