Rent demanded by wife in sec 125

Your query I found interesting.

1. Normally when maintenance is announced it takes care of; food, lodging (rent) and health of a destitute and vagrancy of wife in reference to context.
2. I found it interesting that a pleader specifically prays rent as in interim and off course interim orders later gets merged into final order which is besides the point. If this is so and if she stays in natal home then I would say it is not maintainable technically which is exact agitation of yours.
3. Here what I see is one side an Application with prayer for rent payment is there, it is not yet announced by way of Order but you as respondent husband is agitating that if it is announced under this head specifically she is going to continue stay at natal home which is not what for S. 125 CrPC spirit rests.
4. I believe you, you are right. So what is your future remedy. I would say put an Objection application citing the true sprit of S. 125 CrPC which is not for misusing showing destitution in such a way that the only one part of maintenance which you (she) is praying is taken care by natal home which otherwise means she is not destitute hence reject her interim as she is not really in need of “interim maintenance” and pray to Court to move trial to finality. This is what I would argue and would be interested to read other experts take on this para!
5. Now in actual scenario ld. Court will never specify while allowing interim as per merit of the case that such and such interim is on account of “rent” the moment you put in an agitation by way of preliminary objections or during summary arguments for interim. The mighty pen of a Court may if merit allows while granting “interim” will take care of its wordings and may say something similar to say - “interim of such and such allowed towards vagrancy of petitioning wife from the date of Order and Court finds no merit to her destitution arguments, hence maintenance is not allowed  from the date of Application………”.

But as we have seen, take chances whenever opportunities come once way who knows it turns out to be in your favour. Let the better argument win.

@TAjobs....thank you sir for your kind advice. i would like to know that. since i have a very firm determination of not staying with her anymore, nor i wish that she file right to residence with me, now that she is with her mother, if i raise the above mentioned objection, then is it a possibility that she might argue that, " if you dont want to pay rent then fine, then i better come and stay at your own home", i mean, will i be inviting trouble for myself by raising this obejection? pls advice.

thanks once again....