Justice Manoj Mishra and justice ManmohanThe bench issued this order. Note that the applicant Hasin Jahan Married to Shami on 7 April 2014. Their daughter was born on 17 July 2015.

In 2018, she filed a case under Section 12 of the ‘Protection of Women from Domestic Violence Act, 2005’. After marriage, she and her minor daughter were subjected to physical and mental abuse by Shami and her family members, the complaint said.

He also said that he was forced to file a written complaint, which is treated as an FIR. Based on this, a case was registered under sections 498A, 328, 307, 376, 325 and 34 of the Indian Penal Code on 8 March 2018 at Jadavpur Police Station.

Besides, he also applied for maintenance under Section 125 of the Code of Criminal Procedure. In August 2019, the Alipore Chief Judicial Magistrate issued an arrest warrant against Shami and his relatives. The Sessions Court later stayed the proceedings, which remained in place for four years. The petitioner challenged in the High Court but it was rejected. After that he appealed to the Supreme Court.

In 2023, the Supreme Court directed the Sessions Court to dispose of arrest warrant proceedings within a month. last year Calcutta High Court Shamike was directed to pay Rs.4 lakhs per month as interim maintenance to the petitioner and her daughter. Later, Hasin went to the Supreme Court and demanded a monthly maintenance of Tk 10 lakh.

Hasin said that Shamir’s family lives in Amroha in Uttar Pradesh. So shifting the case to Delhi will be beneficial for both the parties. Besides, it is financially possible for Shami, who travels abroad to play international matches and leagues, to fight the case in Delhi.

The petition further states that the petitioner has no source of income of his own and the sole responsibility of day-to-day upbringing and care of the minor daughter is on him. As a result, if he is forced to go to West Bengal to fight the case, it will cause serious inconvenience and loss to him.



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