India: Delhi High Court rules that companion animal custody cannot be treated as property disputes

In a recent ruling, the Delhi High Court made it clear that companion animals must not be treated as ordinary property in custody disputes. Unlike inanimate property, animals are sentient beings capable of forming close emotional bonds with their carers. A court decision must therefore not be based solely on formal ownership rights, but must take particular account of the animal’s welfare and the emotional distress suffered by the animals involved. The court emphasised that separating a companion animal from its previous carers can cause considerable emotional harm. 

The case concerned three dogs that had been seized from their original owner following allegations of animal cruelty and were later adopted by the applicants through an NGO. A court of first instance had initially ordered their return to the original owner on the basis of the so-called ‘Superdari’, i.e. the provisional surrender of seized items. However, the High Court reviewed this decision and clarified that custody of animals could not be equated with the return of inanimate objects. The focus was not on formal ownership, but on the dogs’ welfare and their emotional bond with their caregivers. 

Ultimately, the earlier order was amended as part of an amicable settlement between the parties, allowing the dogs to remain with the applicants subject to certain conditions. The court further noted that the custody issue could be reviewed should the original owner subsequently be acquitted in the underlying criminal proceedings. However, the welfare of the animals would remain the decisive factor.