Sample Agreement of Maintenance Between Husband and Wife (Not Being a Separation Agreement)

This Agreement for Maintenance of Wife and Daughter (Not a Separation Agreement) is designed to provide a structured format for managing financial responsibilities post-separation. It outlines the obligations of the husband to provide regular support for the wife and their children. The agreement also includes provisions for child custody, ensuring that the wife maintains the children's welfare.

Key aspects covered in this template include the monthly maintenance amount, the use of these funds, and the wife’s responsibility to manage the finances properly. Additionally, it sets clear terms regarding child custody until the children reach the age of eighteen.

This template adheres to Indian family law standards and can be customized to fit specific needs, providing a legal framework that protects the rights and interests of both parties.

Sample Format

Agreement of Maintenance Between Husband and Wife (Not Being a Separation Agreement)

This Agreement is made this ___ day of ___ between AB, son of ___, residing at ___ (hereinafter referred to as the husband), of the one part, and CD, daughter of ___, residing at ___ and wife of AB (hereinafter referred to as the wife), of the other part.

Terms of the Agreement
The parties hereto mutually agree as follows:

1. Maintenance Payments
   The husband shall pay to the wife for her support and maintenance (and for the support and maintenance of their children, as specified below) a monthly sum of Rs. ___ during the joint lives of the parties hereto, so long as the wife maintains a chaste life. The first payment under this agreement is to be made on ___.
2. Use of Maintenance
   The wife shall use the said sum to support and maintain herself (and the children, if applicable) and shall indemnify the husband against all debts incurred by her. Furthermore, the wife agrees not to pledge the husband's credit under any circumstances.
3. Custody of Children
   While living separately from the husband, the wife shall have custody and control of the minor children of the marriage. This right shall cease when each child reaches the age of eighteen years.
4. Failure of Payment
   Should the husband fail to make the agreed payments as and when they become due, the wife shall have full liberty to pursue all legal remedies available to her, either by enforcing the provisions of this agreement or as though this agreement had not been executed.

In Witness Whereof, the parties hereto have signed these presents on the day, month, and year first above written.

Signatures
Signed and delivered by AB, the husband, in the presence of:

Signed and delivered by CD, the wife, in the presence of: