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.

Agreement for Maintenance of Wife and Daughter

This agreement is made this…….day of……….between AB son of…………..residing at……………………(hereinafter called the HUSBAND) of the one part and CD wife of AB and daughter of………………..residing at…………………….(hereinafter called the wife) of the other part.

Whereas unhappy differences and disputes having arisen between the parties hereto, who are husband and wife and could not be adjusted by the intervention of friends and well-wishers, they by mutual consent and agreement are now living separate and apart from each other and for that purpose they have agreed to the arrangement as hereunder mentioned:

NOW IT IS HEREBY AGREED as follows:

1. The husband shall pay or cause to be paid regularly for the wife so long as she will live separate a maintenance allowance of Rs……per month, and a further sum of Rs……..per month for the daughter EF, on that account as long as their daughter EF lives with and is maintained by the wife and is not married.
2. In consideration of such payment or payments as aforesaid, the wife shall not incur any debt or liabilities against the credits of the husband nor otherwise pledge nor institute any action or proceedings against the husband on account of her maintenance and support or that of the daughter but shall pay for and discharge all her debts and liabilities and keep the husband and his estate indemnified against all actions and proceedings in relation thereto.
3. Provided, however, and it is hereby agreed that notwithstanding anything hereinbefore contained no monthly allowances as hereunder agreed shall be payable for the period during which the wife shall live and reside with the husband and be maintained by him.

IN WITNESS WHERE OF the parties hereto have executed these presents on the day, month and year first above-written.

Signed, sealed and delivered by      AB

the husband in the presence of:       AB

Signed, sealed and delivered by      CD

the wife of AB in the presence of:   CD

Legal Point 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.

Contact Legal Light Consulting for Assistance

Drafting or reviewing a maintenance agreement requires careful legal expertise to ensure compliance with Indian family laws.

For professional legal support, contact Legal Light Consulting (LLC), a leading law firm specializing in family law and matrimonial disputes.

An Agreement for Maintenance of Wife and Daughter can be a valuable tool for couples seeking an amicable and efficient resolution to their financial obligations following separation or divorce.

By carefully considering the terms and seeking professional legal guidance, parties can create a mutually agreeable framework that supports the well-being of the wife and child while minimizing conflict and legal complexities.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.