SEPARATION 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
1.
The husband and wife are living separately due to differences and
disputes having arisen between them; and
2.
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:
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,
jewellery and other personal effects, etc. belonging to her from the husband's
place and retain the said goods as her separate property.
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 the 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,[CD1]
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.
WITNESSES
1. Signed and delivered by the within
named husband A
2. Signed and delivered by the within
named wife Smt X
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