MAINTENANCE AGREEMENT
This Maintenance Agreement (this "Agreement") is made at __________ on __________.
BETWEEN
__________, of __________ (the "Payer"),
AND
__________, of __________ (the "Payee").
The Payer and the Payee are each a "Party" and together the "Parties".
RECITALS
A. __________.
B. __________.
C. The Parties wish to record, by mutual agreement, the amount and manner of maintenance payable by the Payer, subject to clause 7.
NOW THIS AGREEMENT WITNESSES as follows.
- MAINTENANCE PAYABLE
1.1 __________.
- MODE OF PAYMENT
2.1 __________.
- ESCALATION
3.1 __________.
- LATE PAYMENT
4.1 If any instalment of maintenance remains unpaid for more than fifteen days after its due date, the Payer shall pay the Payee interest at __________ on the overdue amount from the due date until payment, without prejudice to the Payee's right to recover the principal amount and to any other remedy available in law, including under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced section 125 of the Code of Criminal Procedure, 1973 with effect from 1 July 2024).
- DURATION
5.1 This Agreement continues __________.
- REVIEW
6.1 Either Party may propose a review of the amount payable under this Agreement on a material change in circumstances, including a material change in the income or needs of either Party or of a child covered by this Agreement.
- STATUTORY RIGHTS
7.1 __________.
7.2 Nothing in this Agreement affects any statutory right to maintenance that the law does not permit to be waived in advance, or the jurisdiction of a competent court to grant, refuse or vary maintenance under any statute, notwithstanding this Agreement.
- JURISDICTION
8.1 This Agreement is governed by the laws of India. The courts at __________ have jurisdiction over any dispute concerning this Agreement, without prejudice to the jurisdiction of any Family Court, Magistrate or other forum a statute assigns for a maintenance claim.
- GENERAL
9.1 This Agreement is the entire agreement between the Parties about the matters it covers and supersedes all prior discussions between them about those matters. No amendment is effective unless made in writing and signed by both Parties, or approved by a competent court.
9.2 If any provision of this Agreement is held invalid or unenforceable, the rest of it continues in effect.
IN WITNESS WHEREOF the Parties have executed this Agreement at __________ on __________.
SIGNED by the PAYER
__________
Signature: ______________________________
SIGNED by the PAYEE
__________
Signature: ______________________________
WITNESSES
- __________
__________
Signature: ______________________________
- __________
__________
Signature: ______________________________