Separation Agreement between Husband and Wife
THIS
AGREEMENT made at.......... on this.......... day of...............2000,
between A, son of B, resident of........... (Hereinafter called "the
husband") of the ONE PART and Mrs. A 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
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 indemnifies and keeps 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 wearing apparel, jewelry and other personal effects, etc. belonging to
her from the husband's place and retain the said goods as her separate
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 society 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
duplicate 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 Mr. A.
Signed
and delivered by the within named wife Mrs. C
WITNESSES;
1.
2.
