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Furry Feuds: Navigating the Rise of Pet Custody Battles in Divorce and Separation in India

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Rithani

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5 min read

24 Sep, 2024

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With the rise in pet adoption and the growing trend of pet parenting, pet custody has become a key issue during separations and divorces in India.


While countries like the United States include pet custody clauses in prenuptial agreements, India still lacks specific laws regarding the matter.


However, courts in India have begun to address pet custody disputes, with several factors influencing the final decision.


Image Source: Pexels


Experts suggest that, in the absence of explicit laws, courts often base their rulings on who is financially capable of caring for the pet.


Factors like the pet’s attachment to one of the partners, who purchased the pet, and who has been the primary caregiver also come into play.


These elements can be supported by evidence, such as receipts for the pet’s expenses or proof of care. The goal is to ensure that the pet’s environment remains as stable as possible.


Some cases result in joint custody, where both partners share the pet's care, typically alternating weeks.


Image Source: Pexels


This arrangement, though informal, mirrors child custody agreements. Experts emphasize that the well-being of the pet is paramount, even though pets cannot express their preferences, making it important for couples to work together for the best outcome.


In India, prenups, though not illegal, are not widely recognized


However, couples can still draft agreements, such as a Memorandum of Understanding, outlining terms like custody, visitation, and financial responsibilities for their pets.


Image Source: Unsplash


Although these agreements might not hold in court, they can serve as a reference in disputes.


The rise in pet custody battles is not limited to married couples but also affects those in live-in or committed relationships.


These disputes often reflect the emotional connection people have with their pets, with some even likening them to child custody battles.


Image Source: Pexels


Experts suggest that couples maintain records of pet expenses and time spent with the pet, as this documentation can be crucial during disputes.


Unfortunately, many pets end up in shelters after separations due to challenges like new living conditions or financial strain.


To prevent this, experts recommend couples take proactive steps, such as registering the pet with local authorities or signing a pet-nuptial agreement.


As pet custody continues to gain attention, there is a growing call for regulations around joint custody, financial support, and visitation rights to better protect the welfare of pets in these situations.


ALSO READ | The Hidden World Of Animal Jobs: 8 Roles You Didn't Know Existed

Conclusion

As pet custody battles rise in India, the lack of clear laws makes decisions complex. Experts advise couples to keep records and consider pet-nuptial agreements to ensure pets' well-being post-separation.

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