The high-profile legal dispute between Mahua Moitra and advocate Jai Dehadrai over custody of their pet Rottweiler, Henry, has reignited debate over how Indian law handles pets when couples separate.
As more couples treat pets as “furbabies” rather than property, lawyers say disputes over their custody are becoming increasingly common.
Pets still classified as property
Under Indian law, pets are legally treated as property. Advocate Jasmine Damkewala said courts generally examine ownership documents — such as adoption or purchase records — to determine possession.
“Society has progressed considerably; pets are now seen as family members, but the law has not kept pace,” she noted.
Advocate Prashant Mendiratta echoed that there is no specific legal framework for pet custody in India, and possession usually follows ownership.
Mediation becoming common solution
With such disputes on the rise, lawyers increasingly recommend mediation. Agreements often outline maintenance costs, medical responsibilities and even visitation rights, which may later form part of divorce settlements.
Even in cases involving live-in partners, courts may encourage negotiated settlements. Legal experts say that although marriage status may influence proceedings, emotional attachment and caregiving roles are increasingly being acknowledged informally.
Global trends show gradual shift
Internationally, approaches vary. In some US states, courts consider an animal’s welfare when determining custody. In France, pets acquired during marriage are treated as jointly owned, with courts assessing living conditions and emotional bonds.
Common law jurisdictions such as the UK and India still largely apply ownership tests. However, experts note a gradual movement towards a “best interest” standard, focusing on who primarily cared for the animal.
As pet parenting rises across urban India, legal professionals expect more such cases — signalling a need for clearer guidelines that reflect evolving social realities.