00:00Nobody can love anyone the way mama loves her.
00:05The legal battle between TMC MP Mahua Moitra and her former partner, advocate Jai Dehadrai,
00:11over the custody of their pet Rottweiler, Henry, has now reached the Delhi High Court.
00:16In her plea, Moitra has said that if she cannot be granted full custody,
00:20she should at least be allowed part custody of 10 days every month.
00:24Their dispute has made headlines since their 2023 split when Henry's alleged kidnapping
00:31led to FIRs and a bitter social media war.
00:35But this case raises a larger question.
00:37When couples separate, who gets custody of the pet?
00:44Because today, pets are not just animals, they're family.
00:48In India, however, pets are still legally treated as property under the law.
00:53There is no specific legislation governing pet custody.
00:57It's covered under chattel or property.
00:59Courts typically look at ownership documents,
01:02whose name is on the adoption or purchase papers.
01:06Legally, custody usually follows ownership,
01:09which means your dog in the eyes of the law may be treated more as an asset than a family
01:15member.
01:15But emotionally, it's far more complicated.
01:18With pet custody disputes rising,
01:20Lawyers say mediation is increasingly being encouraged to reduce bitterness.
01:25Couples are drafting detailed agreements,
01:28covering maintenance, medical expenses, even visitation schedules,
01:31similar to child custody arrangements.
01:33These agreements then become part of the final divorce decree.
01:37Even in cases where couples were never married, like this one,
01:41courts may still examine ownership documents and the nature of the relationship.
01:45And this is not just an Indian issue.
01:47In the UK, pets are legally treated as property,
01:50with courts focusing on ownership,
01:52though now lawyers in UK increasingly recommend including pet clauses in pre- or post-nuptial agreements.
01:59In the US, even celebrities like groom Barrymore have faced public disputes over dog custody during divorce,
02:05with paperwork playing a decisive role.
02:08Some US states have started considering the best interest of the pet for custody.
02:13In France, pets acquired during the marriage are treated as jointly owned,
02:18and judges may consider emotional attachment and the animal's welfare.
02:22And in Singapore, the High Court in 2011 laid down guidelines focusing on the dog's best interest,
02:29including who cared for it and which home environment is more suitable.
02:33Back now in India, mediation agreements are slowly beginning to reflect similar thinking,
02:39prioritizing daily care, medical needs and visitation for the pet.
02:43Across jurisdictions, courts are being pushed to look beyond a strict property lens.
02:48Because if pets are family in our hearts,
02:52shouldn't the law start treating them that way too?
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