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:
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 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 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 A.
Signed
and delivered by the within named wife Smt. X
WITNESSES;
1.
2.
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