Marr

Introduction
Marriage as an institution has been the subject of great judicial scrutiny since long. The judicial provisions dealing with marriage
and its various aspects are under close scrutiny while they continue to threatene the privacy of this institution . As per studies
conducted in Mumbai and Delhi, 40 % of marriages are heading towards divorce. There are also cases of misuse of provisions
like Section 498A of the Indian Penal Code, Protection of Women from Domestic Violence Act, Section 125 Criminal Procedure
Code, Guardianship Laws to name a few.
The Family Courts Act, 1984 was part of the trends of legal reforms concerning women. The Act was expected to facilitate
satisfactory resolution of disputes concerning the family through a forum expected to work expeditiously in a just manner and
with an approach ensuring maximum welfare of society and dignity of women and children born out of the wedlock.
The main purpose behind setting up these Courts was to take the cases dealing with family matters away from the intimidating
atmosphere of regular courts and ensure that a congenial environment is set up to deal with matters such as marriage, divorce,
alimony, child custody etc.
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Links to the Bare Acts on Family laws-
 Anand Marriage Act,1909

 Arya Marriage Validation Act,1937
 Commission of Sati (Prevention) Act,1987
 Dissolution of Muslim Marriages Act,1939
 Dowry Prohibition Act,1961
 Family Courts Act,1984
 Foreign Marriage Act,1969
 Foreign Marriage Act,1969
 Guardians and Wards Act,1890
 Hindu Adoptions and Maintenance Act,1956
 Hindu Marriage Act,1955
 Hindu Minority and Guardianship Act,1956
 Hindu Succession Act,1956
 Indian and Colonial Divorce Jurisdiction Act, 1940
 Indian Christian Marriage Act,1872
 Indian Divorce Act,1869
 Kazis Act,1880
 Maternity Benefits Act,1961
 Matrimonial Causes (War Marriages) Act 1948
 Muslim Personal Law (Shariat) Application Act,1937
 Muslim Women (Protection of Rights on Divorce) Act,1986
 National Commission for Women Act,1990
 Protection of Women From Domestic Violence Act,2005
 Special Marriage Act,1954
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Agreement Between Husband and Wife for Separation and Maintenance
THIS Deed of Separation and Maintenance made on the ___ day of____
BETWEEN
Sh.____, S/o_____, R/o ___________ (hereinafter called "the husband') which expression shall unless the context so requires
including his successors, executors and administrators of the one part
AND
Smt.____, W/o_____, R/o ____________ (hereinafter called "the wife") which expression shall unless the context so requires
including her successors, executors and administrators of the other part.
WHEREAS owing to mutual differences between husband and wife they have consented mutually for living separately from each
other and entering into arrangement for sustenance per terms hereinafter stated.
NOW BY THIS DEED THE PARTIES HERETO MUTUALLY AGREE AS UNDER:
1. The husband shall be paying allowance of Rs.____ to the wife with in her life term for her maintenance and sustenance for
their children on the 1st day of each month in advance. However, this enactment will be available on her living chaste life and
obeying conditions/terms stated herein.
2. The wife shall always after it be sole custodian/control of children with their education and bringing up in their minority or till
they are married.
3. After date of this agreement, the wife shall pay and discharge all debts/liabilities as incurred by her. The wife undertakes in
keeping the husband, compensated there from. if husband has to pay any such debts/liabilities he will be free in deducting same
from maintenance allowance of wife.
4. The wife shall not start any proceedings in ending of marriage against her husband excepting adultery on the husband’s part
and after date of this agreement. If husband does not pay the monthly allowance as aforesaid, the wife would be free to either
enforcing terms of this agreement or taking any proper legal step.
5. This deed shall be cancelled on expiry of the wife (or, expiry of either parties hereto).
IN WITNESS WHERE OF, the parties have executed this Agreement as of the date first above written.
Husband:
________________

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Introduction

Links to the Bare Acts on Family laws-

 Anand Marriage Act,1909

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