In a case that turned on compassion as much as law, the Delhi High Court stepped in to resolve a dispute over the custody of three rescued pet dogs. The court emphasised that animals are not mere property and their emotional well-being must be considered while deciding custody.
Background of the Case
The petition was filed by Mr. Sunil Malhotra and others challenging trial court orders that had directed the release of three rescued dogs to their alleged original owner.
According to the prosecution, a raid was conducted at the premises of the respondent, where several dogs were found living in poor conditions. The animals were rescued and handed over to an NGO, which later gave three of the dogs Mishti, Coco, and Cotton for adoption to the petitioners.
Subsequently, the respondent claimed ownership and sought custody of the dogs through a superdari application, which the trial court allowed. This led the adoptive owners to approach the High Court.
Justice Girish Kathpalia made it clear that cases involving animals cannot be treated like disputes over inanimate objects.
“The issue of custody of a living being cannot be equated with that of a lifeless object,” the court observed during the hearing.
The bench highlighted the emotional bond between pets and their caregivers, noting that separating them could cause distress to the animals. It also clarified that the question of alleged cruelty by the respondent would be decided separately by the trial court.
Read also:- CBI Opposes Kejriwal’s Recusal Plea in Delhi Excise Case, Calls Bias Allegations ‘Baseless’
The focus, at this stage, remained on the immediate welfare of the dogs, described as “voiceless animals” who could suffer emotional trauma if removed from their adoptive home.
During the hearing, both sides engaged in detailed discussions and eventually arrived at a mutual agreement.
The respondent agreed to return the three dogs to the petitioners, acknowledging their current well-being. However, he placed a condition that if he is ultimately acquitted in the cruelty case, custody of the dogs may be reconsidered, subject to their welfare.
Read also:- Allahabad High Court Rules Only Advocates Can Argue in Court, Rejects Power of Attorney Claim
Recording the consent of both parties, the High Court modified the earlier trial court orders.
It directed that the three female Pomeranian dogs Mishti, Coco, and Cotton be handed over to the petitioners through the investigating officer by the next day.
The court also required the petitioners to furnish superdarinamas of ₹50,000 each before the trial court, assuring that the dogs would be produced as and when required during the proceedings.
With these directions, the petition was disposed of.
Case Details
Case Title: Sunil Malhotra & Ors. vs State (NCT of Delhi) & Ors.
Case Number: W.P.(CRL) 581/2026
Judge: Justice Girish Kathpalia
Decision Date: 16 April 2026
