Matrimonial disputes: Divorce and maintenance – Appellant- wife filed complaints against respondent-husband before his employer Army Authorities including allegations of extra-marital affairs – Respondent was exonerated after enquiry by Army Authorities – Thereafter, he filed divorce petition on the ground of cruelty and desertion by appellant wife – Meanwhile, Army Authorities started deducting 27.5% of the salary per month from the pay and allowances of the respondent in terms of s. 90(1) of the Army Act, 1950 – Family Court passed decree of divorce – High Court confirmed decree of divorce – Hence appeal by wife – Respondent did not appear – Despite the order of status quo, respondent has remarried – Prayer of appellant that the findings against her on ‘cruelty’ may be expunged on account of irretrievable breakdown of marriage since the parties were residing separately since 2011 and respondent-husband has remarried – Appellant further prayed for direction to respondent to pay maintenance to wife and minor son – It was submitted that since December 2019, the appellant-wife and her son were not paid any maintenance which they were receiving from Army Authorities – Held: There were concurrent findings recorded by the Family Court as well as the High Court on “cruelty” and “desertion” by the appellant-wife, which as such were on appreciation of evidence on record – In view of the fact that the couple are not staying together since May, 2011, it can be said to be a case of irretrievable breakdown of marriage between them – Respondent-husband has already re- married – Therefore, in the facts and circumstances of the case and in exercise of powers under Art.142 of the Constitution of India, the decree passed by the Family Court, confirmed by the High Court, dissolving the marriage between the parties is not interfered with on account of irretrievable breakdown of marriage – However,liability and responsibility of the father to maintain the child would continue till the child/son attains the age of majority – The son has a right to be maintained as per the status of his father – It is reported that the mother is not earning anything and is residing at her parental house – Therefore, a reasonable/sufficient amount is required for maintenance of her son including his education etc. which shall have to be paid by respondent-husband – Respondent is directed to pay Rs. 50,000/- per month w.e.f December 2019 towards maintenance of minor son.