Since I believe marriage is just an option (Re: Marriage), I know of other options as well, and one of them is bonafide friendship. I have designed a model “Relationship Agreement” for the benefit of those who enter into such relationships. The model “Relationship Agreement” is attached below. The agreement may not be usable outside India in its present form, but, with modifications, it can be used anywhere. However, in India or abroad, please use this model “Relationship Agreement” at your own risk.
This relationship agreement is executed at ______________________, on this ______________ day of ____________, 200_, by and between:
(Hereinafter called the first party)
2) Mr./Ms. _________________________
(Hereinafter called “the second party”)
Whereas, “the first party and the second party” hereinafter, in this agreement, shall be called “the parties” and “the first party or the second party” hereinafter, in this agreement, shall be called “either party”.
Whereas, both the parties are in need of friendship and have approached each other for friendship.
Whereas, both the parties have made true declarations about their marital status to each other, and, if the first party or/and the second party is/are married, the such married party/parties (to this agreement) has/have well informed his or/and her respective spouse/spouses about the terms and conditions of this agreement and has/have obtained free prior consent from his or/and her respective spouse/spouses before entering into this agreement.
Whereas, both the parties have made declarations about their marital status, eligibility to contract, age, sex, health, etc, to each other under oath, and the same is attached to this agreement.
Whereas, both the parties are legally competent to contract, and have agreed to the friendship of each other, and have well-intently without any force, pressure or/and undue influence, and in a sound state of mind, after very well understanding the terms and conditions of this agreement (after the terms and conditions have been read out to them in the language they understand), entered into this legally enforceable relationship agreement (relationship contract) with the following terms and conditions:
1. That this agreement (contract) is made for a relationship in the nature of friendship, which is not “in the nature of marriage”, and is without any promise, expressed or implied, of any long-term commitment like marriage, live-in relationship, long-term love commitment, and like; and this agreement is not a contract for marriage.
2. That the period of relationship shall be for _______ days starting from ________________ to _______________.
3. That the relationship shall be without any commitment of trust by the parties towards each other, and the relationship shall not be in the nature of fiduciary relationship.
4. That either party may visit and/or stay at each other’s residential and/or other premises with the consent of the party (to the agreement) in possession of the residential and/or other premises, but such visits and stays shall not create any right to residence and/or occupation over each other’s residential and/or other premises.
5. That the parties may enter into sexual activities, including sexual intercourse, with each other, without any consideration other than mutual benefit, joy and satisfaction; the presumption about free consent of the parties for entering into sexual activities with each other, during the relationship period, is made on signing of this agreement by the parties; such sexual activities and other activities between the parties may not be construed by anybody cognizant of signing of this agreement by the parties as prostitution or rape or any other sexual offence ( as defined in chapter XVI of the Indian Penal Code) or any offence relating to marriage (as defined in chapter XX of the Indian Penal Code) or any offence against the modesty of woman (as defined in Section 354 and 509 of the Indian Penal Code) or an act of domestic violence (as defined in Protection of Women from Domestic Violence Act, 2005).
6. That any party or parties filing complaint under Section 375, Section 354 or Section 509 of the Indian Penal Code or for any sexual offence under chapter XVI of the Indian Penal Code or for any offence relating to marriage (as defined in chapter XX of the Indian Penal Code) or for any offence against the modesty of woman (as defined in Section 354 and 509 of the Indian Penal Code) or for an offence of domestic violence (as defined in Protection of Women from Domestic Violence Act, 2005) against either party may face prosecution under Section 211 of the Indian Penal Code for making “false charge of offence made with intent to injure”.
7. That the parties have made declarations under oath, and the same are attached to this agreement; the declaration/s if found false may attract prosecution under Section 199 of the Indian Penal Code against the party who made the false declaration.
8. That the parties shall take adequate precautions and protections before entering into any sexual activity with each other during the agreement period; however, if any pregnancy happens because of the sexual activity between the parties during the agreement period, the party (to the agreement) becoming pregnant (because of the sexual activity during the agreement period) shall have all the right over and responsibility towards the embryo/embryos, foetus/foetusus during the pregnancy and towards the child/children after the birth (if it happens); the party (to the agreement) becoming pregnant (because of the sexual activity during the agreement period) shall inform the other party (to the agreement) about the fact of her having become pregnant at the earliest within all reasonable means; the party (to the agreement) becoming pregnant (because of the sexual activity during the agreement period) is, by law, not entitled to any maintenance (for herself) from or right to marriage with or right to use the name (for herself and for the child/children) of or right to association with the other party (to the agreement) or for any other such thing (in kind or in money).
9. That if either party contracts any venereal disease as a result of the sexual activity with each other during the agreement period, with or without the negligence and/or fault of either party, the party (to the agreement) so affected by venereal disease shall have sole responsibility towards self and others for the direct and indirect consequences of such venereal disease.
10. That this agreement may be terminated by either party before the agreement period without assigning any reasonbby giving ____ hrs written notice to the other party (to the agreement).
In witness whereof, both the parties have put their hands and seals on this relationship agreement on the date first above written in presence of the following witness.
Witness no. 1
Witness no. 2
Declaration by the First Party
I, Mr./Ms.____________________________r/o __________________________ do hereby solemnly affirm and state as under:
1) That I am an/a unmarried/married male/female of _____yrs _____months of age as on__________________.
2) That I am legally competent to contract as per Section 11 of Indian Contract Act, 1872.
3) That I am not suffering from any venereal disease and am not HIV infected and am in good general state of health.
4) That I have well informed and educated my husband / wife / father / mother / guardian / well-wisher (Mr./Ms._______________________) / nobody about the contents , including terms and conditions, of the above relationship agreement and have obtained his/her/nobody’s free consent to me for signing the above relationship agreement.
Consent of the Husband / Wife / Father / Mother / Guardian/ Well-Wisher of the First Party
I, Mr./Ms. _________________________ R/o _____________________am _______________ of Mr./Ms. ____________________________ and, in that capacity, have very well read and/or understood the contents, including terms and conditions, of the above relationship agreement. I have no objection and give my free consent to Mr./Ms._________________________ for signing the above relationship agreement.
Note: Declaration by the Second Party is ditto the same format as that in the case of the first party, and the consent of the Husband / Wife / Father / Mother / Guardian/ Well-Wisher of the Second Party is also ditto the same format as that in the case of the first party.
©2007 Ankur Mutreja