1914 Present: Wood Renton A. C. J. and De Sampayo A.. J.

SOYSA v. SOYSA.

Deed of separation-Payment of annuity to wife-Dissolution of marriage by Court-Separation deed how far affected-Annuity by husband to wife is separate property of wife - Agreement for voluntary separation not illegal under the Roman-Dutch law-Appeal to the Privy Council.

A dissolution of the marriage does not of itself affect the provisions in a separation deed as to a settlement of property or the liability of the husband on a covenant to pay an annuity to the wife by way of a permanent provision, though such provisions may be varied by the Court in pursuance of its jurisdiction in that behalf.

An annuity granted by a husband to his wife belongs to the separate estate of the wife, and does not, as being movable property, vest in the husband.

Under the Roman-Dutch law an agreement for voluntary separation and a provision as to property are not only not illegal, but valid as between the parties themselves, and are only ineffectual for certain purposes.

De Sampayo A. J. -" The provision for the payment of an annuity by the defendant to the plainti