JUDGMENT 1. - The instant misc. appeal came to be preferred by the appellant against the judgment and decree of divorce passed by the Family Court dated 17th March, 2009 and that has been admitted for hearing on 14th May, 2009 and thereafter the matter was sent for mediation but no amicable solution of the matrimonial dispute could arrived at. Pending appeal, a misc. application u/Sec. 24 of the Hindu Marriage Act came to be filed by the appellant on 30th October, 2013 for interim maintenance. 2. The material which has come on record and can be noticed from the judgment and decree impugned indicates that the marriage between appellant and respondent was solemnised on 29th May, 1996 and a girl child was born on 12th June, 1997 named Tina who is at present 17 years of age and a student of Class IX studying in a aided Senior Secondary School, Adarsh Vidhya Mandir, Jai Jawan Colony, Jaipur. 3. It has also come on record that initially application was filed by the appellant for maintenance u/Sec. 125 Cr.P.C. for herself and for her daughter, which came to be decided vide order dated 16th March, 2002 granting maintenance of Rs. 800/- to her and Rs. 500/- to her daughter. However, further application came to be filed by the appellant for enhancement of interim maintenance u/Sec. 127 Cr.P.C. and that came to be decided on 30th January, 2010 and a total sum of Rs. 3700/- was allowed in her favour ( Rs. 2200/- to her and Rs. 1500/- for her daughter) and thereafter she moved the present application u/Sec. 24 Hindu Marriage Act seeking interim maintenance pending appeal on 30th October, 2013. Along with the application further additional affidavit has been filed by the appellant in support thereof and it has been deposed that the house which she has taken on rent of Rs. 4000/- per month along with necessary expenses like grossery, milk, school fees, tuition fees etc. required for subsistence/maintenance for herself and for daughter it almost comes to Rs. 20,000/- per month and annual expenditure for both comes to Rs. 2 Lac. At the same time, it has also been deposed that her husband is self employed and running his own business and is earning Rs. 40,000/- approximately per month. required for subsistence/maintenance for herself and for daughter it almost comes to Rs. 20,000/- per month and annual expenditure for both comes to Rs. 2 Lac. At the same time, it has also been deposed that her husband is self employed and running his own business and is earning Rs. 40,000/- approximately per month. He is having his own four wheeler bearing No.RJ 14 CD 1034 purchased in 2010 and having additional source of income. 4. Counsel submits that whenever the matter comes up before the court for maintenance he is always making excuses that he has no source of income of his own and he is working as an employee employed by his own brother, who is running own business of Disc Cable. 5. Counsel submits that the maintenance which was granted in 2010 is not adequate in 2014 looking to the present days requirements and in future price hike, increase in admission fees and educational expenses & even in the ordinary course she needs money for subsistence/maintenance of herself and for daughter who is required to be taken care of. 6. No counter to the affidavit has been filed by the respondent. Counsel for the respondent submits that respondent has no independent source of income. He is employed by his brother for a monthly salary of Rs. 7000/- per month and what is being presently paid to the appellant pursuant to the order of the family Court dated 30th January, 2010 even that is not affordable to him but still voluntarily accepted and is making payment in compliance thereof. 7. We have heard learned counsel for the parties and perused the material available on record. This fact cannot be ruled out that the price index for the last four years has extremely rise and appellant needs sufficient amount of subsistence/maintenance for herself and for daughter pending appeal and vide order dated 30th January, 2010 she was paid Rs. 2200/- for herself and Rs. 1500/- for daughter but taking note of day to day expenses, which a lady is required to incur for herself and when she has a school going daughter studying in Class IX certainly heavy expenses are required for tuition, coaching, transportation along with other expenses, which has to incur over a girl child. 2200/- for herself and Rs. 1500/- for daughter but taking note of day to day expenses, which a lady is required to incur for herself and when she has a school going daughter studying in Class IX certainly heavy expenses are required for tuition, coaching, transportation along with other expenses, which has to incur over a girl child. It is also true that the respondent can be asked to pay towards maintenance based on his income and other sources at his command. Taking note of material which has come on record, maintaining a four wheeler and incurring other expenses on himself and in totality of the circumstances before us, it would be appropriate to observe that the respondent shall pay a sum of Rs. 5000/- to lady for her maintenance and Rs. 5000/- to her daughter named Tina after adjustment of the maintenance presently paid by the respondent pursuant to the order dated 30th January, 2010. 8. Accordingly, we dispose of the application with the direction to the respondent to pay per month Rs. 10,000/- (Ten Thousand) (Rs.5000/- to the lady and Rs. 5000/- for daughter) as against interim maintenance after adjustment to amount already paid pursuant to the order dated 30th January, 2010 and that shall be payable from the last month i.e. 1st September, 2014 onwards. Arrears shall be paid within a period of two months. The monthly maintenance amount of Rs. 10,000/- shall be deposited in the saving bank account of the appellant on or before 10th of for each succeeding month and if he fails on making payment on two consecutive months, the appellant will be at liberty to file application before this Court for defiance of the order of the Court.Application disposed of. *******