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India International Pet Trade Fair statistics show that on an average 6,00,000 Pets are adopted every year. The Euromonitor International, a market research provider has published a statistic that the Indian Pet Care industry is growing at a CAGR of 17% and estimated to be over ₹ 25,000 Crore by 2025.
People who own Pets carry an immutable human-animal bond, this is a dynamic relationship between human and animals that carries an emotional, psychological, and physical association similar to any other family member.
Pets, especially dogs, have been seen to reduce stress and anxiety, help ease loneliness and provide valuable companionship built on unconditional love they demonstrate towards the human. Several research studies have shown that humans are often strongly attached to their pets and at times more than the family members.
It’s observed that the couple who have battled divorce take a long time to lead a normal life especially trusting in people again. Pets offer a lot of support during the ordeals battling emotional lows with the loved ones, and help cope with such emotional aftermath.
“One of my clients during counselling session informed me that, when she was lonely and battled domestic abuse from both her spouse and in-laws it was its Dog, she found companionship and compassion with, there were situations when the Dog came to rescue her at times of physical abuse.”
“Another client expressed how he was able to cope up and overcome the infidelity he faced from his wife. He battled shock, agitation, pain, depression and confusion and during the entire roller-coaster emotional ride it was his Dog he fell back to who he calls as a faithful mate compared to anyone else.”
“Another case, where the wife gave up alimony demands instead opted to own the custody of the Pet and sought for a monthly maintenance amount of INR 15,000 towards her pet”
There are many such instances I have heard from my clients where Human and Pets relationship is beyond imagination. The bitter question is when these couples battle divorce, who keeps the custody of the Pets …?
When couple battle divorce the Child Custody is addressed through Guardian and Wards Act, 1890, the Indian Divorce Act, 1896, the Hindu Minority and Guardianship Act, 1956. We await a landmark judgement that can push the legislation to amend the act to include the custody of pets.
As per the American Academy of Matrimonial lawyers a survey showed that the majority of disputed cases involve Dogs (88%), Cats (5%) Horses (1%) and “Other pets” (6%).
Unfortunately, in India there are no custody laws that govern Pets. Indian Law sees Pets as “property” and the custody disputes are settled based on Ownership in the court unless the couple decide to settle the dispute mutually.
In some foreign countries there are “PET-NUP AGREEMENTS” that get drafted, in India such agreements are registered in the form of a MOU – Memorandum of Understanding between the couple which decides the Custody of the Pet, Daily Care needs of the Pet, The Maintenance amount paid by the spouse to another to take care of the Pet, The Veterinary care conditions related to the Pet, Insurance premiums of the Pets, the Visitation Rights to the Pet, The Travel conditions of the Pet and much more.
A lawyer plays a very vital role in helping settle the dispute and mediate the same, help in drafting the required terms and conditions to protect the interests of both the couple and the pet. If there is an escalation there are suits that can be filed in the court of law to seek ownership of the Pet by either spouse. In the current circumstances the prevailing law eyes the pets as personal property determines the ownership to be granted just like any other object.
When such escalations come to the notice of the court, there are instances where judges take a careful look at various factors before deciding the ownership of the pet. Such factors include but not limited to
- Who legally adopted the Pet
- Who is currently paying for the Pet maintenance
- Who Spends most time with the Pet
- Who accompanies the Pet to the veterinary
- Who addresses the daily care needs of the pet
- Is it unsafe for the Pet to continue with the disputed owner (Husband / Wife)
- The impact of separation of the Pet from the Chid (For Eg: Custody of Child is with Wife, and the Dog remains with husband, but the relationship and bond between the Dog and the Child is more than that of the disputing parties)
Conclusion:
Divorce is the legal dissolution of the marital union between a man and a woman and there is an element of asset sharing / distribution happens where each couple either mutually agree or dispute the ownership and custody. So is the case with Pets.
There are several instances where such disputes related to pets are mutually resolved and at times the courts intervene in helping resolve the ownership and custody of the pets.
Sonia and Partners is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the best lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
Feel free to write to us at mail@lawyersonia.com or call at +91 9845944896 if you wish to consult or discuss your matter.
