Agreement for Maintenance of Wife and Daughter

Introduction

In situations where marital disputes and differences remain unresolved, a formal agreement can provide clarity and fairness in addressing maintenance responsibilities.

The Agreement for Maintenance of Wife and Daughter serves as a legally binding arrangement ensuring financial support and mitigating conflicts between the parties involved.

Legal Features of the Agreement

This type of agreement includes the following essential elements:

1. Parties Involved: The agreement is executed between the husband (hereinafter referred to as AB) and the wife (hereinafter referred to as CD). It also covers provisions for their minor daughter (referred to as EF).
2. Reason for Agreement: The document acknowledges the existence of irreconcilable differences between the parties and their decision to live separately by mutual consent. It ensures financial security for the wife and daughter.

Terms of the Agreement

The agreement typically contains the following clauses:

1. Maintenance for Wife and Daughter:
   • The husband agrees to pay a monthly maintenance allowance of Rs. [amount] to the wife for her living expenses, provided she continues to live separately.
   • An additional monthly allowance of Rs. [amount] is stipulated for the maintenance of the daughter, EF, as long as she resides with the wife and remains unmarried.
2. Financial Independence of the Wife:
   • In consideration of the payments made by the husband, the wife agrees not to incur any debt or liabilities against the husband’s credit.
   • She also agrees not to institute any legal action or proceedings against the husband for further maintenance or support. The wife takes responsibility for her debts and liabilities and indemnifies the husband against any related claims.
3. Exemption Clause:
   • The agreement specifies that the husband’s obligation to pay monthly allowances ceases if the wife resumes cohabitation with him and is maintained by him during such a period.

Execution of the Agreement

The agreement must be signed and sealed by both parties in the presence of witnesses to ensure its validity. The signing process typically follows this format:

• Signed, sealed, and delivered by the husband (AB) in the presence of:
  • Witness 1
  • Witness 2
• Signed, sealed, and delivered by the wife (CD) in the presence of:
  • Witness 1
  • Witness 2

Conclusion

This agreement aims to provide a clear, enforceable framework for addressing maintenance obligations in a mutually agreed-upon manner.

It reflects the intent of both parties to minimize future conflicts and ensure financial stability for the wife and child.