Latest news with #ProtectionofWomenfromDomesticViolence
News18
2 days ago
- News18
'Best Moment For Hasin Jahan': Lawyer Reacts To Alimony Battle Win Vs Mohammed Shami
Last Updated: Mohammed Shami's estranged wife Hasin Jahan has won alimony case as Calcutta High Court directs Shami to pay Rs 4 lakh monthly for her and their daughter. Star India pacer Mohammed Shami's estranged wife, Hasin Jahan's lawyer Imtiaz Ahmed, has said that she has been running from pillar to post for six years now, and it is the best moment for her to be able to ensure that her former husband pays her a monthly alimony. The Calcutta High Court has directed Shami to pay his estranged wife, Jahan and daughter an alimony of Rs 4 lakh as maintenance during the ongoing legal battle with his spouse. Jahan had moved the HC against a district sessions court's order directing the player to pay Rs 50,000 to his wife and Rs 80,000 to her daughter two years back. 'It was the best moment for Hasin Jahan. From 2018 to 2024, she had been running from pillar to post. Ultimately, it was pronounced in open court yesterday that ₹1.5 lakh would be provided for Hasin Jahan, ₹2.5 lakh for the daughter (both to be paid monthly) and that any time the daughter requires assistance, it would be provided by Md Shami," Imtiaz said while speaking to ANI. Jahan had lodged an FIR at the Jadavpur police station against Shami and his family in March 2018, four years after their marriage in April 2014, alleging 'enormous physical and mental torture" under Section 12 of the Protection of Women from Domestic Violence (PWDV) Act. Besides domestic violence, Jahan accused Shami of dowry harassment and match-fixing while alleging that the latter had stopped shouldering financial responsibility for running her family expenses. Jahan had prayed for monetary relief, including an interim monetary relief of Rs 7 lakh every month for herself and an additional Rs 3 lakh for her daughter. The magistrate, while disposing of her application, had rejected her plea for monetary relief and directed the pacer a pay Rs 80,000 towards his minor daughter. On appeal, the order was later modified, directing Shami to a payment of Rs 50,000 to his wife and Rs 80,000 to his daughter.
Indian Express
3 days ago
- Indian Express
‘In a position to pay more': Calcutta HC orders Mohammed Shami to pay Rs 4 lakh a month as interim maintenance to wife, daughter
Cricketer Mohammed Shami has been ordered by the Calcutta High Court to pay an interim amount of Rs 4 lakh per month as alimony to his estranged wife Hasin Jahan and their daughter. On Tuesday, Justice Ajoy Kumar Mukherjee directed that Rs 1,50,000 be paid to the wife and Rs 2,50,000 to the daughter until the disposal of a case of alleged domestic violence against Shami. The court said that the amounts would 'be fair and reasonable to ensure financial stability for both the petitioners until the disposal of the main application'. '(The) amount is to be paid by the husband from the date of filing of the application under section 23 of the Protection of Women from Domestic Violence (PWDV) Act,' the court said. In 2023, a district sessions court had ordered that Shami pay Rs 1.30 lakh a month in total to his wife and daughter. This order had been challenged by Shami's wife in the Calcutta High Court. The Calcutta HC Justice said in his order, 'It is not clear what was the basis of fixing the interim maintenance amounts (of) Rs 50,000 and Rs 80,000 in the context of the affidavit of assets and liabilities and other materials placed on record in support of (Shami's) income,' while also noting that the question of granting an 'excessive' amount of alimony and maintenance does not arise. Stating that Shami 'is in a position to pay a higher amount', the High Court said, 'The petitioner wife, who has remained unmarried and is living independently with the child, is entitled to a levelled maintenance that she enjoyed during her marriage which reasonably secures her future as well as the future of the child.' Speaking to The Indian Express, Hasin Jahan said, 'We are relieved at the order. As a father, if he gave the alimony before, it would have benefitted the child. Now, I can send her to a good school and give her all that she has been deprived of. He has never tried to communicate with his own daughter.' In her plea to the district sessions court in 2023, Jahan had sought Rs 10 lakh in total — Rs 7 lakh for herself and Rs 3 lakh for her daughter. Shami married Hasin Jahan in 2014. In 2018, Jahan had lodged an FIR at the Jadavpur police station against him and his family alleging 'physical and mental torture' under Section 12 of the PWDV Act and 'sustained indifference and neglect' of her minor daughter. She had also accused Shami of harassment for dowry, match fixing and avoiding 'responsibility' for her family's expenses.
Time of India
19-06-2025
- Politics
- Time of India
Maintenance: HC stays order against ex-min
Mumbai: The Bombay High Court on Thursday stayed a lower court's order that directed former minister and NCP neta Dhananjay Munde to pay interim maintenance to a woman who claims to be his first wife subject to him depositing 50% of the amount in court. Justice Manjusha Deshpande directed the stay on the April 5 order of a sessions court that had upheld a magistrate's order. On Feb 4, the magistrate had directed Munde to pay the woman Rs 1.25 lakh per month and Rs 75,000 per month to their daughter under the Protection of Women from Domestic Violence (DV) Act. Munde's petition said he has been legally married to his wife since 2001 and they have three children. He denied marrying the woman (complainant) and said the DV Act is not applicable in this case. He said she was aware of his marital status when they entered into a relationship. The woman claimed she married Munde in 1999. tnn
India Today
17-06-2025
- India Today
Know Your Laws: Domestic Violence Act
It has been 20 years since the Protection of Women from Domestic Violence (PWDV) Act was passed. Yet, in May this year, the Supreme Court pulled up both state and central authorities for failing to fully implement the mechanisms the law mandates for the protection of Is Domestic Violence?Domestic violence refers to any form of abuse or violence against a woman within a shared household. This violence can take various forms:advertisement 1. Physical ViolenceThis includes acts ranging from a slap—like the one depicted in the movie Thappad—to more severe beatings that cause physical injury.2. Mental or Emotional CrueltyThis can include repeated insults, humiliation, threats of violence, dowry demands, and other coercive behaviour. Courts have held that:Forcing a woman to give up her education after marriage, orForcing her to accept her husband's extramarital relationship constitutes mental have also ruled that making false allegations about a wife's sexual or romantic past amounts to cruelty.3. Sexual ViolenceThis includes forcing a wife to have sex, physically hurting her during intercourse, or coercing her into sexual acts against her will.4. Financial AbuseExamples include:Refusing to provide money for household needsTaking away a wife or daughter-in-law's entire salaryadvertisementPreventing her from workingNot paying for a child's basic needsIs It Only for Wives?No. The Act covers all women living in a shared household. This includes:MothersSistersWidowsPartners (married or otherwise)Women in adoptive or joint family relationshipsHowever, a female relative of a male partner or husband cannot file a complaint under this Act against a wife or female example:A mother-in-law cannot file a DV complaint against a daughter-in-law, unless it is for abetment of violence by the daughter-in-law.A daughter-in-law, however, can file a complaint against a mother-in-law or any other female relative of her Can File a Complaint?Any woman who believes she has been subjected to domestic violence can file a complaint. If the woman is unable to do so herself, a relative, neighbour, or even a colleague can file it on her Can a Complaint Be Filed?A DV complaint can be filed with:A police officerA Protection OfficerAn NGO designated as a service providerA MagistrateSupreme Court's ConcernIn its May 20 observations, the Supreme Court noted:Many states have not appointed Protection OfficersThere is a significant delay in empaneling NGOs and other service providersadvertisementThere is widespread lack of awareness about the ActThe court directed:State Legal Services Authorities and NALSA to expand awareness programmesDeployment of legal aid lawyers in every district to assist women in DV casesWhat Happens After a Complaint Is Filed?The Protection Officer or police registers the complaint and fills a Domestic Incident Report. This is then submitted to a practice:Police may call both parties for counsellingIf needed, the complainant may be taken for medical treatment or to a shelter homeWhat Can the Magistrate Do?The Magistrate can pass several orders, including:Counselling orders for either or both partiesProtection orders to provide police protection to the womanResidence orders preventing her eviction from the householdMonetary relief for expenses and losses sufferedCustody orders for temporary care of childrenCompensation for physical and emotional harmImportant NoteEven if a state has not appointed Protection Officers, a police officer or NGO can directly move the Magistrate for relief.A DV complaint can also be:Filed alongside an FIR in cases of physical assault or dowry harassmentUsed as supporting evidence in divorce proceedings on grounds of crueltyMust Watch
