Kagaznama

Maintenance Agreement (Alimony and Child Support)

At a glance

Price: Free
Stamp duty: An agreement of this kind — fixing periodic or lump sum maintenance payments, without transferring any interest in immovable property — is chargeable as an Agreement under Article 5, Schedule 1-A to the Indian Stamp Act, 1899 as applicable to Punjab, and under Article 5, Schedule I to that Act as extended to the Union Territory of Chandigarh.
Registration: Not compulsorily registrable under section 17 of the Registration Act, 1908, because it creates no right in immovable property.
Witnesses: The Indian Contract Act, 1872 does not require attesting witnesses for an agreement of this kind, but given what is at stake, two witnesses who are not related to either Party are recommended.

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Also called

Maintenance Agreement
Spousal Maintenance Agreement
Alimony Agreement
Child Support Agreement
Separation Maintenance Agreement
Gujara Bhatta Agreement
भरण-पोषण समझौता
गुजारा भत्ता समझौता

When you need it

Two people — spouses living separately, spouses with a divorce pending or already granted, or parents who were never married to each other — who want to fix, by agreement rather than by contested litigation, how much maintenance is paid, to whom, how often, and for how long. Covers spousal maintenance, child support, or both together, and works whether or not any court case is running alongside it.

Also useful on its own where the Child Custody Agreement or the Mutual Divorce Settlement Terms in this library has left financial support to be dealt with "in a separate Maintenance Agreement" — this is that document. Not the same as a Common Area Maintenance agreement for a flat or shop, which this library also carries under a similar name for an entirely different subject. Not, by itself, a full divorce settlement — where alimony, custody, stridhan and property all need to be settled together for a mutual-consent divorce, the Mutual Divorce Settlement Terms in this library covers all of them in one document.

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

An agreement of this kind — fixing periodic or lump sum maintenance payments, without transferring any interest in immovable property — is chargeable as an Agreement under Article 5, Schedule 1-A to the Indian Stamp Act, 1899 as applicable to Punjab, and under Article 5, Schedule I to that Act as extended to the Union Territory of Chandigarh. Both schedules have been amended in recent years and neither publishes a single easily citable, dated rate for a general agreement; confirm the amount currently chargeable with a stamp vendor or the Treasury before this Agreement is executed, and buy non-judicial stamp paper of that value or e-stamp it through the Stock Holding Corporation of India Limited (SHCIL, shcilestamp.com), the authorised e-stamping agency for both Punjab and Chandigarh.

Registration

Not compulsorily registrable under section 17 of the Registration Act, 1908, because it creates no right in immovable property. Where the Parties want the extra evidentiary weight registration gives — useful here, since the whole point of the document is to be relied on later — it may be presented as a Book 4 miscellaneous document at the office of the Sub-Registrar of the tehsil in Punjab, or the Sub-Registrar, Union Territory of Chandigarh at 30 Bays Building. Where this Agreement arises out of pending litigation, ask the court to record it as a consent order or a rule of court instead, which is enforceable as a court order and not merely as a contract.

Notarisation

Not compulsory, but both Parties should sign in the presence of, and have their signatures attested by, a Notary Public or an Oath Commissioner, particularly where the Agreement may later need to be proved in court.

Witnesses

The Indian Contract Act, 1872 does not require attesting witnesses for an agreement of this kind, but given what is at stake, two witnesses who are not related to either Party are recommended.

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MAINTENANCE AGREEMENT

This Maintenance Agreement (this "Agreement") is made at Chandigarh on 1 April 2026.

BETWEEN

Vikram Chopra, of House No. 411, Sector 15, Chandigarh 160015 (the "Payer"),

AND

Neha Chopra, of House No. 22, Model Town, Ludhiana 141002 (the "Payee").

The Payer and the Payee are each a "Party" and together the "Parties".

RECITALS

A. The Parties are spouses who are living separately but are not yet divorced.

B. This Agreement provides maintenance for the Payee alone.

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.

1. MAINTENANCE PAYABLE

1.1 Monthly recurring maintenance only, in the amount stated below.

The monthly amount referred to in clause 1.1 is ₹30,000 (Rupees Thirty Thousand only), payable in advance on or before day 7 of each calendar month.

2. MODE OF PAYMENT

2.1 By direct bank transfer to the Payee's bank account, details of which are given below.

The Payee's bank account details are: Neha Chopra, A/c 003344556677, HDFC Bank, Sector 17 Branch, Chandigarh, IFSC HDFC0000123.

3. ESCALATION

3.1 The monthly amount shall increase by 10% of the then-current amount at the end of every 12 months.

4. 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 12% per annum 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).

5. DURATION

5.1 This Agreement continues until varied by mutual written consent or by order of a competent court.

6. 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.

7. STATUTORY RIGHTS

7.1 This Agreement is entered into without prejudice to either Party's statutory rights, and either Party may apply to a competent court for variation on a genuine change of circumstances.

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.

8. JURISDICTION

8.1 This Agreement is governed by the laws of India. The courts at Chandigarh 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.

Questions about this document

Does the Maintenance Agreement (Alimony and Child Support) need stamp paper or stamp duty in Punjab and Chandigarh?

See the full position on stamp duty, registration and witnesses

Does the Maintenance Agreement (Alimony and Child Support) need registration in Punjab and Chandigarh?

Not compulsorily registrable under section 17 of the Registration Act, 1908, because it creates no right in immovable property.

See the full position on stamp duty, registration and witnesses

What does the Maintenance Agreement (Alimony and Child Support) cost on Kagaznama?

Free.

Documents are free. Only kits are paid.

Does the Maintenance Agreement (Alimony and Child Support) need witnesses?

The Indian Contract Act, 1872 does not require attesting witnesses for an agreement of this kind, but given what is at stake, two witnesses who are not related to either Party are recommended.

See the full position on stamp duty, registration and witnesses

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