In India, matrimonial litigation has long been dominated by questions of asset division, child custody, and maintenance payments. However, as family dynamics evolve, courts are increasingly faced with a new question: who retains custody of the family pet after a separation? For many families, companion animals are integral members, and the emotional impact of losing them in a breakup can be profound.
Currently, Indian law lacks a specific framework to guide courts in determining custody, possession, or visitation rights for pets. Consequently, courts must navigate these issues using existing civil and animal welfare laws. Recent cases underscore the growing significance of this issue.
Landmark Cases in Pet Custody
In Delhi, a case involving a Rottweiler named Henry highlighted the complexities of pet visitation within the context of matrimonial disputes. Similarly, the Bombay High Court facilitated a shared-care agreement for a dog amidst a matrimonial conflict. In a separate 2026 case, the Delhi High Court ruled on the custody of three Toy Pomeranians, emphasizing that animals should not be treated as mere property.
These cases indicate that Indian family law will increasingly need to address the legal principles guiding the future of pets post-separation. The traditional view of pets as property is being challenged by the recognition of their sentient nature.
Legal Framework and Animal Welfare
The Prevention of Cruelty to Animals Act, 1960, obligates animal caregivers to ensure their well-being. However, it provides no guidance on which spouse should retain a pet post-separation. This legal oversight places pets in a unique position—they are both objects of ownership and sentient beings whose welfare is crucial.
The Supreme Court’s decision in Animal Welfare Board of India v. A Nagaraja (2014) underscored the importance of animal welfare, acknowledging animals’ capacity to experience pain. However, the 2023 Animal Welfare Board of India v. Union of India decision clarified that animals do not possess fundamental rights akin to humans.
Judicial Developments in Pet Custody
Recent judgments illustrate a shift towards considering pets’ welfare beyond mere ownership. In Sunil Malhotra & Ors. v. State, NCT of Delhi & Ors (2026), the Delhi High Court addressed the custody of three Toy Pomeranians. Justice Girish Kathpalia emphasized considering the emotional bond between pets and caregivers, leading to the pets’ release to their adoptive caregivers.
The Bombay High Court also offers insights with a case involving a dog named Tikki. Initially, the family court denied the wife’s request for custody due to a lack of legal provisions. However, a mediator-led agreement allowed the wife shared custody, addressing practical matters like medical care and expenses.
Guiding Principles for Courts
In the absence of specific legislation, courts should develop principles for resolving pet custody cases. Primary caregiving, the duration and nature of each spouse’s relationship with the pet, the stability of the proposed home, and any evidence of neglect or cruelty should be considered. Financial contributions, while relevant, should not solely determine custody.
Where children are involved, their bond with the pet should be considered, though not to the extent of applying the “best interests of the child” test. Shared custody, while potentially fair, might not suit all pets due to their need for stability.
The Need for a Legal Framework
India does not necessarily require a separate “Pet Custody Act.” Instead, integrating provisions for companion animals into existing family law could be more practical. Family courts should have the authority to adjudicate pet custody, consider primary caregiving, and facilitate mediation for practical arrangements.
Drawing lessons from international examples, such as Illinois’ Marriage and Dissolution of Marriage Act, can guide the development of a framework that balances animal welfare with family law.
Ultimately, the goal is to ensure that the welfare of pets is not a casualty of matrimonial disputes. As Indian courts navigate these emerging challenges, a consistent set of principles will be crucial to safeguarding the interests of these sentient companions.
Vedang Khera is an advocate practicing before the Delhi High Court and the district courts of Delhi.
