SEPARATION DEED BETWEEN HUSBAND
AND WIFE WITH A TRUSTEE [CD1]
THIS DEED OF
SEPARATION made on the _______________ day of____ __________
BETWEEN
Sh._________________________________,
S/o_________________________________,
R/o
_________________________________ (hereinafter called "the husband') which
expression shall unless the context so needs including his successors,
executors and administrators of the one part,
Smt.________________________________,
W/o________________________________,
R/o
_________________________________ (hereinafter called "the wife")
which expression shall unless the context so needs including her successors,
executors and administrators of the second part.
AND
Sh.___________________________________,
S/o___________________________________,
R/o___________________________________
(hereinafter called "the trustee") which expression shall unless the
context so needs including his successors, executors and administrators of the
third part.
WHEREAS due to mutual
disagreements between the husband and wife they have consented to live separate
from each other and to enter into the arrangement for sustenance per terms
after it contained.
AND WHEREAS the husband bears by
the wife two children under name "_______________________" and
"_____________________________________" (names of the child).
NOW THIS DEED WITNESSES and the
husband and wife hereby agree with each other and separately with the trustee,
and the trustee so agrees with the husband as far as the covenants and
enactments after it contained are or should be performed or obeyed by the wife
or the trustee, the parties agree as follows:
1.
The wife may always after it independently,
separately not associated from the husband in all respects unchecked from the
influence/command of the husband and without his governance.
2.
Neither husband nor wife shall disturb the other
nor intervene or sue for restitution of conjugal rights against the other.
3.
The wife shall always after it be sole
custodian/control of above stated children with their education and upbringing
during their minority. If the husband shall at all convenient/reasonable times
bear access to the children and the liberty to correspond with them.
4.
The husband shall during the life of the wife
and so long as she remains chaste pay to the trustee the fixed payment of Rs.
________________ in trust for the wife as her separate estate. The said
payments shall be paid in advance by equated monthly installments on the 1st
day of each month and the wife shall have no power during her cover to
anticipate the same.
i.
The trustee shall wisely invest the principal
money as paid to him and his free withdraw the money and invest it on any other
investment of any type hereby empowered;
ii.
The trustee shall be paying income of the
investment with interest received by him from husband to wife during the joint
life of the husband and wife and till the wife remains chaste without power of
anticipation;
iii.
After the expiry of husband or wife the trustee
shall keep the said investments with principal money and interest received by
him hereunder in trust for their survivor;
iv. The
wife shall not be empowered to dispose of such reversionary interest by way of
anticipant;
5. The
wife shall sustain herself and while meeting expenditures of all kinds out of
as laid for her by this deed.
6. The
wife shall be free hence fourth to remove from the husband's house all her
clothing, jewelers and personal effects including everything belongs to her as
her separate property.
7. After
the date of this agreement, the wife shall pay and discharge all debts and
liabilities incurred by her. The wife undertakes to keep the husband,
compensated there from. If husband has to pay any such debts/liabilities he
will be free in deducting the same from the sustenance allowance of the wife.
8. If
wife expires per life term of husband, her whole separate estate,
movable/immovable, remaining indisposed of in her lifetime or per will, shall
be bested to person/persons becoming entitled to it. If the husband expired in
her lifetime. If the husband is alive, he shall allow her Will to be proved or
administration to her estate to be taken out by such person or persons.
9. If
parties reconciling and returning to cohabitation or their marriage shall be
ended or shall be judicially separated due to misconduct of the wife as on
after this date and in any such case all the agreements and enactments stated
herein shall become null and void but not prejudicing the right of any party to
start proceedings concerning any antecedent contravention of any such agreement
or enactment.
10. This
deed shall be cancelled by the death of either of the parties hereto.
IN WITNESS WHERE OF, the parties have
executed this Agreement as of the date first above written.
Witnesses:
1.
2.
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