Mahua Moitra’s fierce battle for her beloved dog has struck a chord with many animal lovers. While the law is silent on pet custody, pet parents have found a solution — co-parenting their fur kids, even after the marriage breaks up
Mahua Moitra and ex-husband Jai Anant Dehadrai’s are engaged in a very public legal battle over their dog Henry. Pics/Getty Images, @jai_a_dehadrai
When Bengali actor Arijita Mukhopadhyay and her ex-partner parted ways in 2014, one worry rose above all others: What would happen to their one-year-old, Hingting? Who would she live with? What if she felt sad or confused about why mum and dad were no longer together?
These are questions all parents struggle with during a separation; the only difference was that the one-year-old in this case was a Labrador retriever. It mattered not to them whether Hingting was human or canine — she deserved the same consideration as a child. So, they decided to co-parent her even after splitting up. More than a decade later, Hingting — now a distinguished 13 years old — continues to bask in both her parents’ love thanks to this decision.
Figure out expenses, schedules, and support systems before embarking on co-parenting. Representational Pic/istock
It’s perhaps what TMC’s former Parliamentarian Mahua Moitra wants for her beloved pet, Henry, as well. The ex-MP has moved the Delhi High Court seeking shared custody of the Rottweiler that she and her ex-husband, advocate Jai Anant Dehadrai had adopted during their marriage. Dehadrai has interim custody; Moitra hopes to get 10 days a month with Henry.
While this landmark case could well end up setting a precedent in Indian law for pet custody in divorce battles, we look at a few families who chose to resolve the issue out of court, putting their fur child’s interests before egos.
26%
of pet parents in India are couples with double income, no kids (DINK)
37%
of pet parents consider their furry friend the most important thing in their lives
*Mars-IPSOS Global Pet Parent Survey
Meenakshi Bhanj Deo, counselling psychologist and canine behaviourist
Legal grey area
. Pets as property: A Delhi court last year gave Mahua Moitra’s ex-husband custody of the dog as he had purchased the dog. “Moitra’s case may create a distinct identity for pets under law,” says Ankur Borwankar, founder of Prenup India, “This does not require new legislation. California Family Code Section 2605 is a good baseline.”
. Spite a motive too: “In a case I’m familiar with, an ex-wife secured custody of the dog, only to put him down, for the sole purpose of hurting her ex-husband. The dog had been adopted by him before they even met,” says Borwankar.
It doesn’t always work
Tej Malkani with Naeza
Tej Malkani and her ex tried co-parenting Persian punch-face cat cat, Naeza, for a couple of years after their split in 2020, but it didn’t work out. “I didn’t trust his family to take care of the cat,” she says, Instead, every now and then, “he’d come and meet Naza, or take him out for drives or to the vet or groomer.”
Back then, she lived in Bandra and he in Juhu, but after she moved to Cuffe Parade, distance became a barrier. Ultimately, it only works if both sides consider practical aspects such as family support and landlord’s permission to keep pets, she says.
‘Exes must be on good terms’
Reilly with Zoe
Reilly, a marketing head-turned-yoga teacher, has the fondest memories of Zoe, the black Labrador that he co-parented with his ex for six years before she passed on in 2024. “It helped that we lived just two buildings apart,” says Reilly, “but most importantly, an arrangement like this can only work if you are on good terms with your ex.”
Zoe would spend half the week with Reilly, then he’d walk her over to his ex, Melissande’s apartment. A few days later, she’d bring Zoe back.
Did it ever lead to any tussles between the two? Only when there were scheduling conflicts, says Reilly, but those were ironed out quickly. “We had a good divorce lawyer who advised us to treat Zoe like a child and mention our custody arrangement in the court application to prevent future disputes,” he recalls.
Disputes likely to rise
As the number of DINK (double income, no kids) couples with pets rise in the country, discussions about pet custody are getting more common, says Ankur Borwankar, founder of Prenup India, an online platform for prenuptial agreements.
According to the 2024 Mars-IPSOS Global Pet Parent Survey, DINKs now account for 26 per cent of pet parents in India, and more than one-third consider their furry friend the most important thing in their lives.
“I’ve seen multiple legal disputes over pets when couples split, especially in tier-1 cities, and more commonly in love marriages,” says Borwankar, “About one in eight of the pre-nups we draft cover pets.”
‘We put our egos aside, and prioritised her’
Arijita Mukhopadhyay with her beloved dog, Hingting
When Arijita Mukhopadhyay and her former partner split up in 2014, “I was worried about my daughter,” the Bengali actor (Fatafati, Neem Phuler Modhu) says in reference to 13-year-old black Labrador retriever. They decided to try co-parenting.
“I proposed that Hingting could live with me for five months, and with my ex for the next five months. But every time we switched, she would be very sad for the first two or three days,” recalls Mukhopadhyay, “Then we tried one month at a time, but she was still a bit confused.”
There is no one-size-fits-all answer to co-parenting, she emphasises, because dogs are complex and sensitive beings. “When we started, very little was known about dogs’ mental health, and we too were evolving as pet parents.
Eventually, I decided that she would live with me, because she needs to feel stable in one home. My ex lived alone, while I had my family and staff to help out. I told my ex he was welcome to visit any time. After all, Hingting is his daughter too,” she adds.
Hingting also gets to visit her human “dad” for 10 to 15 days every few months, or whenever he requests it. The pet parents split major expenses, such as medical bills. “Hingting is happy now,” she says, “she knows that while this is her home, Daddy’s place is her holiday home.”
Is co-parenting not too complicated? Mukhopadhyay says, “Any child wants both parents’ love. Why should we deny her this love for our ego?”
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