Delhi High Court Says Pets Cannot Be Treated Like Property, Returns Rescued Dogs To Adoptive Family

The Delhi High Court has observed that custody disputes involving pets cannot be treated like ordinary property disputes, stressing that animals form emotional bonds with their caregivers and their welfare must remain the primary consideration.

Justice Girish Kathpalia made the observation while hearing a plea concerning three rescued female Pomeranian dogs: Mishti, Coco and Cotton. The dogs had earlier been rescued during a raid linked to allegations of cruelty under the Prevention of Cruelty to Animals Act. After the rescue, they were handed to an NGO and later adopted by the petitioners.

A trial court had earlier ordered that the dogs be released on superdari to a man claiming to be their original owner. Challenging that decision, the adoptive parents approached the High Court, arguing that separating the animals from them would cause emotional distress to the pets.

The Court noted that animals are sentient beings and cannot be viewed in the same manner as inanimate objects during custody disputes. It highlighted the emotional attachment developed between the dogs and their adoptive caregivers and said the welfare of the animals must guide interim custody decisions.

During the hearing, the respondent agreed to return the dogs to the petitioners in the interest of their well-being, while reserving his right to seek custody later if acquitted in the pending criminal case. The Court accordingly modified the earlier orders and directed that the dogs be handed over to the petitioners through the investigating officer, subject to furnishing superdari bonds of ₹50,000 each.