Table of Contents
SEPARATION AGREEMENT BETWEEN HUSBAND AND WIFE
SEPARATION AGREEMENT BETWEEN HUSBAND AND WIFE
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) [P1]The husband and wife are living separately due to differences and disputes having arisen between
them; and
(2) [P2]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) [P3]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) [P4]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) [P5]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) [P6]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) [P7]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) [P8]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) [P9]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) [P10]This agreement shall be revoked by the death of the either the husband or wife.
(9) [P11]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.
WITNESSES
- Signed and delivered by the within named husband A
- Signed and delivered by the within named wife Smt X
[P1]Husband and wife living separately
[P2]Desire to live separately
[P3]Obligation of parties to live separately
[P4]Payment of by husband maintenance
[P5]Custody and Guardianship of children
[P6]Wife Covenant to pay for her liabilities
[P7]Wearing apparel, jewellery and personal effects of wife
[P8]Access of Husband to children
[P9]Agreement to become void if parties agree to live together
[P10]Death of either party
[P11]Execution of agreement
