AGREEMENT FOR MAINTENANCE BETWEEN HUSBAND AND WIFE
Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Under the Code of Criminal Procedure, 1973 (2 of 1974), right of maintenance extends not only to the wife and dependent children, but also to indigent parents and divorced wives. Claim of the wife, etc., however, depends on the husband having sufficient means.
Maintenance is a right to get necessities which are reasonable from another. It has been held in various cases that maintenance includes not only food, clothes and residence, but also the things necessary for the comfort and status in which the person entitled is reasonably expected to live. Right to maintenance is not a transferable right.
MAINTENANCE AGREEMENT BETWEEN HUSBAND AND WIFE
THIS AGREEMENT made at.......... on this .......... day of ...............20.., between A, son of B, resident of ........... (hereinafter called "the husband") of the ONE PART and Smt. X his wife (hereinafter called "the wife") of the OTHER PART.
WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them;
AND WHEREAS they want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any reconciliation.
NOW THIS AGREEMENT WITNESSETH THAT:
1. The parties shall live separately and apart from each other and no party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise.
2. The husband shall during the life time of the wife pay to her a sum of Rs............ p.m. for her
maintenance and the maintenance of the children. However, if the wife does not lead a chaste life, the husband shall be entitled to stop the payment of maintenance allowance after giving her notice.
3. The wife shall be entitled to the custody and guardianship of the children of the marriage,
namely C and D now aged ........ years and .......... years, respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. The husband shall not be liable for any claim or demands of the children and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children.
4. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the husband shall not be liable for the same. The wife shall indemnify and keep indemnified the husband against all claims, actions and demands on that account and if the husband has to pay any sum on account of the liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount payable to the wife under this agreement.
5. The wife may remove all her clothing, jewelry and other personal effects, etc.
belonging to her from the husband's place and retain the said goods as she separates properly.
6. The husband may have the access to the children at every Sunday between 7.00 A.M. to 9.00 P.M. He may have the sole custody of the children in the said timings on the said day.
7. Notwithstanding anything contained in this agreement, it is expressly agreed that if at any time hereafter, the parties live together as husband and wife with mutual consent, then in that case, the said sum payable to the wife-under this agreement shall no longer be payable and the agreements hereinabove contained shall become void.
8. This agreement shall be revoked by the death of either the husband or wife.
9. This agreement shall be executed in duplicate. The original shall be retained by the husband and duplicated by the wife.
IN WITNESS WHEREOF, the parties have set their respective hands to these presents and a
duplicate hereof on the day and year first hereinabove written.
Signed and delivered by the within named husband A.
Signed and delivered by the within named wife Smt. X
WITNESSES;
1.
2.
