Animal Custody Cannot Be Treated Like Property, Emotional Bond Matters: Delhi High Court Directs Owners to Return Pets

The Delhi High Court has held that custody disputes involving animals cannot be decided on the same footing as disputes over inanimate property, underscoring that the emotional bond between pets and their caregivers must be given due weight.

The bench of Justice Girish Kathpalia, while deciding a petition concerning the custody of three rescued pet dogs, directed that the animals be returned to their adoptive parents. The Court observed that separating the dogs from the petitioners, with whom they had developed a bond after adoption, would result in emotional trauma to the animals.

“……after detailed discussion, keeping in mind welfare of those three pet dogs, both sides have arrived at an agreement that the said three dogs be released to the present petitioners on superdari. To be specific, respondent no.3 present in courtroom has been explained the entire discussion in Hindi and he, in the interest of those three dogs, is willing to return those dogs to the petitioners with the condition that in case ultimately he gets acquitted, custody of those three dogs would be returned to him, subject to their welfare”, the court observed.

The case arose from a challenge to trial court orders that had directed the release of the dogs on superdari to a person claiming to be their original owner.

The animals had earlier been rescued during a raid conducted in connection with allegations of cruelty. Following the rescue, they were placed with a non governmental organisation, which subsequently facilitated their adoption by the petitioners.

Before the High Court, the central issue was not whether the respondent had subjected the animals to cruelty, a matter that continues to fall within the domain of the trial court, but rather who should retain custody of the dogs in the interim, keeping in mind their welfare and well being.

The Court made a significant distinction between living beings and inanimate objects, noting that traditional legal principles applicable to property disputes cannot be mechanically applied in cases involving animals.

It emphasised that pets are sentient beings capable of forming emotional attachments, and that such bonds must be considered while adjudicating custody disputes.

“One cannot ignore the emotional bond that gets created between the person adopting the pet and the pet itself. Presently before this Court, the issue is not as to whether the present respondent no. 3 was or is treating the dogs with cruelty; that would be in the domain of the trial court. Presently, the issue before this Court is the emotional trauma which those voiceless animals would be undergoing after being separated from their adoptive parents (the present petitioners),” the Court observed.

The judgment reflects a growing judicial recognition of animal welfare as an important consideration, moving beyond a purely ownership based framework.

By focusing on the well being and emotional state of the animals, the Court aligned its reasoning with evolving legal principles that treat animals as more than mere property.

During the proceedings, the respondent claiming ownership agreed to return the dogs to the petitioners, subject to a condition that custody may revert to him in the event he is ultimately acquitted in the underlying criminal case.

Taking note of this submission, the Court modified the trial court’s orders.

Accordingly, it directed that the dogs be handed back to the petitioners through the investigating officer, ensuring continuity in their care and environment.

The ruling is significant as it reinforces the principle that animal custody disputes must be resolved with a welfare centric approach, taking into account not only legal ownership but also the emotional and psychological well being of the animals involved.

By recognising that animals are not comparable to inanimate property and that their interests must be protected, the Delhi High Court has contributed to the evolving jurisprudence on animal rights and welfare in India.

Case Title: Mr. Sunil Malhotra & Ors. v. State

Bench: Justice Girish Kathpalia

Date of Judgement: 16.04.2026