VASU BAJAJ Vs. RAKESH BAJAJ

JUDGEMENT

(1.) This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual 's right to recover arrears in maintenance subsists even after the expiry of the period stipulated in sec. 125(3) Cr.P.C. It warrants our endeavour to determine whether the jurisprudential principle of Ubi jus ibiremedium which posits that every right has a commensurate remedy stands true when it is confronted with the letter of the law i.e. Sec. 125 Cr.P.C in this instance.

(2.) An Appeal under Sec. 19 of the Family Courts Act, 1984 is preferred against the judgment dtd. 17/5/2019 dismissing the suit filed by Smt. Nirmal Bajaj on behalf of minor Vasu Bajaj, for recovery of Rs.2,78,800.00 on account of the maintenance by the Ld. Additional Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi.

(3.) The facts in brief are that the Smt. Nirmal Bajaj, mother of the Appellant got married to Respondent Shri Rakesh Bajaj on 14/12/1999 according to Hindu Marriage Rites and Ceremonies. One child i.e. Master Vasu Bajaj, the Appellant, was born from the said wedlock on 13/11/2000. Disputes arose between the parties and allegations of being harassed and beaten mercilessly were leveled by Smt. Nirmal Bajaj against the Respondent husband. It was alleged that in January, 2003 when Smt. Nirmal Bajaj was sitting in her room, the Respondent husband and mother-in-law started abusing and beating Smt. Nirmal Bajaj and threw her and the appellant out of the matrimonial home. Thereafter, Smt. Nirmal Bajaj along with her son Vasu Bajaj shifted to a rented premises in West Patel Nagar in February 2003.