Deed of Separation between Husband and Wife
This deed of separation is made on the ………… day of …………… 2000 between AB, son of DC, aged 40 years residing at ………………………… (hereinafter called the HUSBAND) of the one part and BW, WIFE of AB and daughter of MN, aged about 30 years residing at ……………………………… (hereinafter called the WIFE) of the other part.
WHEREAS differences have arisen between the HUSBAND and the WIFE and they have mutually agreed to live apart from each other and to enter into an arrangement to that effect.
AND WHEREAS the HUSBAND has by the WIFE four children, namely EF, GH, JK and LM.
Now this deed witnesses and the parties hereby agree as follows:
1. The WIFE may at all times hereafter live separate and apart from the HUSBAND in all respects and neither the HUSBAND nor the WIFE shall interfere with the living of the other.
2. The WIFE shall have the sole custody and control of the aforesaid children and the responsibility of their education and upbringing during their minority but shall allow the husband at all convenient and reasonable times free access and communication with them.
3. The HUSBAND shall pay to the WIFE during her life and so long as she shall continue to live a life of chastity, shall not engage herself in any gainful employment or profession and perform and observe the conditions and terms herein contained, the monthly allowance of Rs. 5000 for her maintenance on the first day of each month in advance commencing from 1st January 2001.
4. The HUSBAND shall pay to the WIFE in addition to the monthly payments stipulated in cl. 3 above a further monthly sum of Rs. 4000 for the maintenance and education of each of the said children until he or she attains the age of 18 years and the WIFE shall, out of such sum, maintain and educate the said children and shall also keep the HUSBAND indemnified from and against all claims and demands in respect of the maintenance and education of such children.
Provided that if any of the said children before attaining the said age of 18 years dies or is settled in life and begins to earn his or her own livelihood or in the case of female child EF marrying, proportionate allowance herein stipulated to be paid for his or her maintenance shall cease to be payable.
5. The WIFE shall be at liberty to forthwith remove from the HUSBAND’s house all her wearing apparel, jewellery and personal effects and also such of the further and other household goods and effects at the said house as belong to her as her separate property/stridhan along with children’s clothes, dolls, playing or sports goods.
6. The WIFE shall pay and discharge all debts and liabilities incurred by her after the date hereof and keep the HUSBAND, his heirs, executors and administrators indemnified therefrom and if the HUSBAND has to pay any such debt or liability, he will be at liberty to deduct the same from the maintenance allowance of the WIFE.
7. In case the WIFE dies during the lifetime of the HUSBAND, all her separate estates, movables as well as immovable, which remain undisposed of in her lifetime or by will shall go to the person or persons who would become entitled to it if the husband died in her lifetime and the husband shall permit her will to be proved or administration to her estate to be taken out by the person entitled to.
8. If the parties shall reconcile and return to cohabitation or if their marriage shall be dissolved or they shall be judicially separated by reason of any misconduct of the WIFE or the husband occurring after the date hereof, then and in any such case, all the covenants and provisions herein contained shall become void but without prejudice to the right of any party to take proceedings in respect of any antecedent breach of any such covenant or provisions.
9. This deed shall not stand revoked by the death of the WIFE or the HUSBAND or of any child till the children attain majority and become capable of earning their livelihood. The estate of the HUSBAND shall remain charged with the payment of the said maintenance.
In witness whereof these presents are executed by the parties on the day, month and year first above-written.
Signed and delivered by
AB in the presence of:
Signed and delivered by
BW in the presence of: