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 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
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:
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 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 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 Where of, 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.
