Dogs' Emotional Bond With Adoptive Parents Can't Be Ignored: Delhi High Court Asks Owner To Return Pets

The Delhi High Court has held that the custody of animals cannot be treated on par with inanimate property, emphasising that the emotional bond between pets and their caregivers must be given due consideration while deciding such disputes.

Justice Girish Kathpalia thus directed the return of three rescued pet dogs to their adoptive parents, noting that separating them would cause emotional trauma to the animals.

The judgment came in a petition challenging trial court orders which had directed the release of the dogs on superdari to a person claiming to be their original owner.

The dogs had earlier been rescued during a raid conducted in connection with alleged cruelty and were subsequently handed over to an NGO, which facilitated their adoption by the petitioners.

The High Court observed that the issue of custody of animals stands on a different footing than that of inanimate objects.

“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),' it said.

The respondent, who claimed ownership, agreed to return the dogs to the petitioners, subject to the condition that custody may revert to him if he is ultimately acquitted in the underlying criminal case.

Accordingly, the High Court modified the impugned orders and directed that the dogs be handed over to the petitioners through the investigating officer.

Appearance: Ms. Puja Anand and Ms. Manisha Parmar, Advocates with petitioners in person; Mr. Anand V. Khatri, ASC for State with SI Sumit and HC Ravi Bansal, PS Jagatpuri. Mr. Siddharth Chaturvedi and Mr. Mayank Sharma, Advocates for R-3 with R-3 in person.

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

Case no.: W.P.(CRL) 581/2026

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