IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No. 5211 of 2010 In Appeal From Order No. 225 of 2010 Smt Jyoti Nanda W/o Yogeshwar Nanda D/o Shri S.I.Negi, R/o 18A Vikas Lok, Lane No.1 Sahastra dhara Road Dehradun ………………..Appellant Versus Yogeshwer Nanda S/o Late Ram Nanda R/o 222/1 Shambhavi lok, GMS Road Dehradun …........…Respondent Shri B.S.Adhikari, Advocate, present for the appellant None present for the respondent even after being personally served. Coram: Hon’ble Prafulla C. Pant, J. Hon'ble Sudhanshu Dhulia, J. Oral: Hon'ble Prafulla C.Pant, J. 2 This is an admitted appeal . (2) Heard learned counsel for the appellant. (3) This appeal is directed against the order dated 13.05.2010, passed by Principal Judge Family Court, Dehradun in Case No. 127 of 2009, whereby said court has directed the respondent to pay 7,000/- towards litigation charges but rejected the application under section 24 of Hindu Marriag Act, 1955, for interim maintenance, on the ground that the appellant is already receiving ` 1,000/- per month under the Protection of Women from Domestic Violence Act, 2005. (4) Learned counsel for the appellant submitted that appellant has been blessed with the daughter on 23.12.2009, after the divorce petition by the filed to the respondent Yogeshwer Nanda. It is further pointed out that no written objection were filed by the respondent, against the application for interim maintenance. 3 (5) Though we agree with the trial court that amount of ` 1,000/- per month which is being paid by the respondent to the appellant under Protection of Women from Domestic Violence Act, 2005, as maintenance, should be taken into consideration while fixing the quantum of maintenance, if any, which the respondent liable to pay to the appellant under section 24 of Hindu Marriage Act, 1955, but the impugned order dated 13.05.2010, shows that no evidence has been discussed as to what was the income of the respondent. (6) In the above circumstance, this appeal is allowed. Impugned order dated 13.05.2010, passed by the application under section 24 of Hindu Marriage Act, 1955, in case No. 127 of 2009, is set aside. The matter is remanded back to the trial court to decide the application under section 24 of Hindu Marriage Act, 1955, for maintenance, afresh on merits. (Sudhanshu Dhulia, J.) (Prafulla C. Pant, J.) 16.12.2010 Nahid 4