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Separation Agreement Between Husband And Wife - Legal Draft

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Category : Agreements Family Law

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; andAND

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. CWITNESSES;1.2.


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