Paws & Claws in Courtrooms

Life can be ‘pawesome’ with pets. But when pet parents divorce or separate, there is a ‘bone of contention’ as to: Who gets the custody of the pet? “Doggy divorces” and “catfights” are not just in Hollywood and celebrity homes. They’re happening in India, too. Many estranged pet-parents are spending crazy amounts of money to win custody of their beloved pooches and furry friends.

Welcome to the era of Pet Custody Battles, where paws are political, whiskers have worth, and love is measured in vet bills, yummy treats, cuddling rituals and walk schedules. The paws and claws buzz around ‘doggy divorces’, ‘pet-nups’ (Pet Nuptial Agreements), and ‘pet visiting rights’ have quietly moved from bedroom quarrels to courtroom drama. The issue is serious. And the arguments range from calling the pet a “family member”, “joint property”, “personal property”, “moveable property” and “asset”, among others.

Prachi Pratap, an Advocate from the Supreme Court, New Delhi, has come across many cases where the dispute has been over the custody of pets. According to Adv. Prachi, “Pet custody is fast emerging as an area of concern in matrimonial disputes.” While pets are emotionally regarded as family members—and often treated like children by separating spouses—the law continues to view them as “movable property” or “assets.”

The hard truth: India has no specific law on pet custody. Animals, hence, are treated technically as “property” under existing legal frameworks.

Which means on paper, your pug may be closer to a sofa than a son! Adv. Pawan Sharma, Founder & President of Resqink Association for Wildlife Welfare, Mumbai, says, “Pet custody does not have a specific provision under the law. But it’s treated as a ‘property dispute’ across jurisdictions as pets are usually considered as ‘personal property.”

Adv Pawan opines that this pet custody fiasco is more of an urban family issue. He quips, “Pet custody issues are not just restricted to divorce cases but also in live-in relationships as well as in the dating culture of megacities.”

However, as pets become family, separations in India raise a tricky question: Who gets custody of the dog, cat, rabbit, turtle, or parrot, aka who gets the leash? Despite the emotional and financial stakes, India has no consolidated law governing pet custody. Courts borrow from property law, guardianship principles, and animal welfare norms—often deciding on a case-by-case basis. The result? Legal uncertainty that leaves both pets and pet parents in a legal dogfight.

Aashna Jain, a legal strategist, says, “What courts focus on when it comes to pet custody is the welfare of the animal as to who is better suited to maintain the lifestyle of the pet.” Aashna explains that courts often look at who has consistently taken care of the animal’s health and hygiene, and finally, who qualifies as the “legal owner” based on municipal registration or veterinary records.

Pet parents treat their pets as children, but the law treats them as assets, where documentation like financial investment, who brought the pet and took care of it, along with vaccination records help determine custody.

Aashna shares how, in 2024, there was a legal battle over Henry, a three-year-old Rottweiler, between Trinamool Congress (TMC) MP Mahua Moitra and her partner. She opines that while no consolidated law stands for the custody of pets, there is a fundamental duty imposed on everyone to safeguard the rights of animals at large.

Adv. Pawan Sharma emphasises the importance of counselling before deciding to bring a pet into a relationship, especially when the decision is driven purely by emotion. He quips, “Feelings can change over time, but pets often end up bearing the brunt of human disagreements.” Point being, like humans, most domestic pets are emotionally sensitive and experience stress, anxiety and trauma when exposed to strained family environments and ongoing conflicts.

This makes it crucial for individuals and couples to consider the long-term responsibilities and possible consequences before adopting a pet, Aashna feels it’s high time we had legislation on pet custody in India. “That would help decide visitation rights, maintenance for the pet and its overall well-being and other expenses.”

As India’s families evolve, the law cannot afford to stay on a tight leash. Treating pets as mere “property” ignores their emotional needs and the deep bonds they share with humans. Until a clear legal framework emerges, pets will continue to be silent sufferers in human disputes.