If the couple separates, who will have custody of the pet? How will the court decide? What are the rules for pet boarding? We find that many of these questions go unanswered in our current justice system. “There are regulations for child custody, but not for pets,” said Meera Kaula Patel, a Delhi-based Supreme Court lawyer specializing in family disputes.
There's also no law that allows pets to be treated as children, Patel admits. It means the effort put into raising them is not recognized, nor is the bond between parent and pet. You also need to establish accountability for your pet's health after separation from your co-parent. The current judicial system does not allow anyone to be held accountable for its lack of upkeep. But this has to change. Family courts in India may need to recognize changing social norms and regulate pet custody as more couples choose to raise pets instead of human children, says a Mumbai-based company Vandana Shah, a family court consultant and pet parent, thinks so. Shah added that these days, pets are an integral part of the family, even for people with children, and courts need to recognize that.
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Both Patel and Shah have had to deal with divorce cases where pet custody was one of the main points of contention between the partners, but especially after the COVID-19 pandemic, many people have lost their pets. That's what happened after I started adopting her. However, lawyers usually advise separating couples to resolve their issues mutually. “The reality is they don't have much of a choice,” Patel said. However, if neither party is willing to compromise, the pet will usually remain with the spouse it currently lives with, regardless of whether that spouse is the best caregiver. Those partners can also decide whether the estranged partner can visit the pet.
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“Just because a dog can't talk doesn't mean they don't have emotions,” Patel says. Regulations are needed regarding things like joint custody, financial support, and visitation rights. A lawyer could use the help of a dog. A professional may be able to better determine your dog's health.
But currently, that doesn't exist, so Patel urges couples to keep track of who paid for the pet, how much was spent on upkeep, and how much time was spent with the pet. I'm giving advice. Also, register your pet with your local government and, if possible, sign a pet marriage agreement that specifies who will get custody of your pet in the event of a divorce.
However, in a recent case, the welfare of the dog was awarded. Last year, a Mumbai magistrate court awarded a 55-year-old woman compensation for caring for her three dogs. We hope that this case will serve as a standard for other attorneys to seek improvements in pet dispute law.
Riddhi Doshi is an arts, culture and travel writer based in Mumbai.
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