“Pets gain immense value in a familial set-up”
By Prachi Dutta
In India, there exists legislations and case law which address the issue of custody of minor children. However, there is no coherent law regarding the custody and division of property. This lacunae is stark when the question regarding custody of a pet arises.
Recently, Spain drafted a new legislation to address the issue of custody of pets. Several courts in the US have adjudicated upon the issue of custody of pets.
India must take lead from foreign countries to address this issue. Pets have gained immense value in a familial set up. Couples often prefer to have pets over children. Children are extremely attached to their pets and while being caught in a marital dispute between their parents, losing ownership of their pets can be traumatic.
In a contested divorce, the only feasible way to address this lacunae is to amend legislations such as the Guardian and Wards Act, 1890, the Indian Divorce Act, 1896, the Hindu Minority and Guardianship Act, 1956, to include the custody of pets.
Another method is to develop the concept of division of ‘marital assets’ in India so that pets can be said to be property whose ownership can be divided. However, such a method is long drawn and requires a complete revamp of the law.
{{/usCountry}}Another method is to develop the concept of division of ‘marital assets’ in India so that pets can be said to be property whose ownership can be divided. However, such a method is long drawn and requires a complete revamp of the law.
{{/usCountry}}Prachi Dutta is a lawyer based in New Delhi.
“Don’t impose the same obsolete machinery on them”
By Abhey Narula
There is no reason to legislate a statute to bring pets at par with children. To saddle our furry friends with the obsolete guardianship laws presently in place would be a grave disservice. Even in 2022, there still exist bizarre provisions of law that mandate that in the case of a minor boy or an unmarried girl, the father shall be the natural guardian and another provision which stipulates that the natural guardian of an adoptive child shall be an adoptive father, even if the spouses adopt together.
However, Indian laws recognise the concept of ownership of animals, thereby treating them as objects.
Since family courts were established to adjudicate matrimonial disputes relating to sharing or division of the joint property of the spouses, a family court would therefore decide any dispute regarding our four-legged possessions.
The principles guiding the family court should rest on the directions passed by the Delhi High Court in June 2021 to regulate the feeding of stray dogs. The court observed that ‘Animals too have a right to be treated with compassion, respect and dignity...”
We are better off treating our pets at par with objects than to impose on them the same obsolete machinery that has failed thousands of children and parents in India already.
Abhey Narula is a lawyer based in New Delhi.
From HT Brunch, January 23, 2022
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