Deed of Separation between Husband and Wife with a Trustee, Wife to have custody of child
THE DEED made the ……… day of ….2010. BETWEEN A.B. of etc. (“the Husband”)
[and] of the one [or first] part C B. of etc. his wife (“the Wife’) of the other [or second] part [and G.H. of etc. (“The Trustee”) of the third part].
WHEREAS:
Unhappy differences have arisen between the Husband and Wife and they have mutually agreed to live separately and apart from each other.
The Husband has agreed to pay to the Wife a monthly sum of Rs…. during her life for the maintenance and support of herself and the maintenance support and education of D.B. the son [daughter] of the Husband and the Wife.
NOW THIS DEED made in pursuance of the said agreement and in consideration of the premises WITNESSES as follows:
The Husband hereby covenants with the Wife [and also a separate covenant with the Trustee] as follows:
That the Wife may at all times hereinafter live separate and apart from the Husband as if she were sole and unmarried and that she shall be free from the control and authority of the Husband and may reside at such place or places as she thinks fit.
That the Hushand shall not in any manner molest, disturb or in any way interfere with the Wife in her person or business or in her manner of living nor at any time hereafter require the Wife to cohabit with him not take proceedings to compel her so to do or to enforce restitution of conjugal rights so that the Wife may at all times live as if she were sole and unmarried.
That the Wife shall at all times hereafter have the sole custody upbringing and guardianship of the said D.B. during the minority [and spinsterhood] of the said D.B. free from the control or authority of the Husband except as hereinafter mentioned.
That the Husband [shall on the execution of this deed pay or cause to be paid to the Wife [or Trustee] the sum of Rs ……… for necessaries already supplied to the Wife and] shall during the life of the Wife [or during the joint lives of the Husband and the Wife] [so long as she continues to lead chaste life] pay or cause to be paid to the Wife or to such person or persons as she from time to time in writing directs or appoints the [monthly] sum of Rs ……… the first payment thereof to be made on the execution of this deed and a subsequent payment to be made on the first day of every month thereafter [Provided that the said sum shall cease to be payable if the marriage between the Husband and the Wife is dissolved by a court of competent jurisdiction as from the date of the final or absolute decree].
That the Husband shall at the expiration of each period during which
he is entitled to his [her] society as hereinafter mentioned duly restore
the said D.B. of the Wife or as she directs.
The wife [and the Trustee hereby jointly and severally] COVENANT[S] with
the Husband as follows namely:-
That she [or they] shall at all times hereafter keep the Husband
indemnified from and against all torts, contracts, debts and liabilities which the Wife hereafter commits, makes, contracts or incurs and from all actions, claims and demands on account thereof and from and against all costs, charges, damages and expenses which shall or may be recovered, sustained, expended or become payable in respect thereof.
That in case the Husband at any time hereafter is called upon to pay and actually pays any debt or liability which the Wife at any time hereafter contracts or incurs then and in every such case he may deduct and reimburse to himself out of the said sum the amount of every payment made to him together with the amount of all costs, charges, damages and expenses incurred by him in connection therewith.
That neither the Wife not the said D.B. nor any person on behalf of them or either of them shall at any time hereafter annoy, molest or disturb the Husband.
That the Wife shall not at any time hereafter require the Husband to cohabit with her.
That the Wife shall out of the sums hereby covenanted to be paid or otherwise at all times support and maintain herself and shall so long as she has the sole custody, upbringing and guardianship of the said D.B., suppor t, maintain, bring up and educate the said D.B. in a manner suitable to his [her] position in life.
That the Husband may correspond with and may see and have the society of the said D.B. as hereinafter provided.
THE HUSBAND SHALL BE ENTITLED to correspond with the said D.B. as often as he thinks fit and to see and to enjoy the sole society of the said D.B. at ……… every [Saturday] between the hours of [3 p.m.] and [6 p.m.]
It is hereby agreed that in case the Husband and Wife at any time hereafter with their mutual consent cohabit as man and wife then and in such case the said [monthly] sum shall no longer be payable and all the covenants and agreements hereinbefore contained shall become void.
IN WITNESS, etc.
[Signatures of both the parties]