FELIX DASS Vs. DEFFINY DASS AND OTHERS

JUDGEMENT

(1.) Smt. Deffiny Dass moved an application for grant of maintenance allowance for herself and her minor children against Felix Dass. It was stated by her that she was married to Felix Dass on 14.10.1998 at CNI Church, Dehradun. Her parents gave the articles in marriage, but Felix Dass and his parents were not satisfied with the same. A criminal case to this effect was instituted in PS Kotwali. Two children, namely, Aishwarya Dass and Simon were begotten by Smt. Deffiny Dass out of her wedlock with Felix Dass. Felix Dass was a drunkard, who used to assault his wife almost every day. She was ousted from her matrimonial home on 05.09.2000. At that time Master Simon was in her womb. Since then Smt. Deffiny Dass along with her two minor children was living in the house of her parents. Her husband refused to maintain them. They were unable to maintain themselves. Felix Dass instituted a case for divorce in the Court of Additional District Judge, New Delhi. The said litigation was still pending. Felix Dass was an Executive in a private firm. He was earning Rs. 18,000/- per month. He also has a property in Delhi. His additional income from the property was Rs. 15,000/- per month. In this way, the total monthly income of Felix Dass was Rs. 33,000/- per month.

(2.) Felix Dass filed written statement. He admitted his marriage with Deffiny Dass. He also admitted that he moved an application for divorce on 6th August, 2005. He alleged that Smt. Deffiny Dass filed a first information report against him and his family members for the offences punishable under Section 498-A IPC and Section of the Dowry Prohibition Act. He refuted the claim of the applicant that he demanded dowry from her and her parents. According to him, his wife refused to maintain physical relations with him and left his house on 5th September, 2000 on her own. His wife misbehaved with him. Although he was working with Comfort Tours and Travels, but he had to leave his job owing to certain reasons. According to him, he was an unemployed person, who was dependant upon his parents.

(3.) Pw 1 Deffiny Dass examined herself in support of her case. DW 1 Felix Dass and DW 2 Shanta Dass (mother of DW 1) were examined on behalf of the husband.