Important decision of Delhi High Court on custody of pets: Emotional relationships get priority
Delhi High Court has given a big clarification in an important matter related to the custody of animals. The court said that the custody of pets cannot be considered the same as the custody of general property. In its judgment, the court emphasized that while deciding such disputes, not only the legal ownership but also the emotional bond that exists between the pets and their caretakers should be seriously considered.
The Court clarified that people who take care of pets develop a deep and strong emotional bond with them. In such a situation, if they are suddenly separated from their caretakers, it can cause severe mental and emotional trauma to the animals. The court also said that it is very important to keep in mind all these human and emotional aspects while taking decisions in custody matters, so that the interests of the animals are also properly protected.
A dispute had arisen in the case regarding three pet dogs, which were later adopted by the petitioners. In this dispute, the trial court had earlier ordered that the dogs be returned to their alleged rightful owner on “superdari”. “Superdari” means the temporary handing over of property seized or disputed by the Court to a person, until the case is finally decided. However, the Delhi High Court, while intervening in the matter, gave priority to the welfare of the animals and their emotional well-being and stressed the need to re-look at the entire issue.
Taking a balanced approach in this matter, the Delhi High Court took on record the mutual understanding reached between the two parties and directed that the three pet dogs Mishti, Coco and Cotton be handed back to the petitioners. However, the court also imposed some conditions along with this order. These also include that if needed, these dogs will be presented before the trial court, so that there is no hindrance in the further legal process.
The court also clarified that if the original owner is later legally acquitted, the custody of the animals can be reconsidered keeping in mind the welfare of the animals. In this decision, the Court stressed that in such disputes, not only legal rights but also the welfare of the animals and their emotional well-being should be of paramount importance.
The Delhi High Court had earlier quashed two cross-FIRs in another case related to a dispute over dog walking. The court had said that this entire dispute is of personal nature and pursuing criminal proceedings would be an abuse of the legal process. This matter came up for hearing in the court of Justice Arun Monga.
During the hearing, the court observed that both the FIRs were related to the same incident, which started from an argument over pet dogs and later escalated into a scuffle. Both sides had accused each other of assault, threats and misbehavior. However, the Court held that the case was basically a dispute and personal feud between neighbors, hence it would not be appropriate to pursue it as a criminal case.
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