Supreme Court Asks Centre To Take Efforts To Virtually Connect Indian Man With Child Taken To Russia By Mother
The Russian mother allegedly took the child out of Indian jurisdiction violating custody orders.
The Supreme Court(March 9) asked the Union Government to make diplomatic efforts to trace and connect the Russian woman Viktoriia Basu and the child to the Indian father via video link.
The Court said that, given the complexity of how the case is developing, the anonymity of the whereabouts of the mother and the child may be maintained, and no efforts should be taken to deport them back to India for now.
The present is a complex case where the Russian mother and the Indian father hold joint custody of the child as per various orders passed by this Court. However, last year, it was found that the Russian mother allegedly abducted the child from the father's custody and returned to Russia via Nepal. This was even though the child's Indian passport was surrendered before the Court.
The Court passed orders that efforts must be maintained to bring the child back, and hinted that the Russian Embassy officials and the Indian authorities may be behind it, as the petitioner likely escaped on forged/fabricated documents.
Today, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was informed by Additional Solicitor General Aishwarya Bhati that status reports and note verbale received from the Russian authorities have been filed in sealed cover. The status reports note that the Foreign Secretaries of both countries have met and discussed this issue. A blue corner Interpol notice has also been issued.
She added that a meeting has been sought with the Russian Prosecutor General's office. Bhati remarked that, unfortunately, the Union has "very little outcome" to show as the issue is quite complex.
Justice Bagchi suggested that diplomatic efforts must be maintained to have some form of video linkage of the child with the father. He added that through the Mutual Legal Assistance Treaty between the two countries, other issues can continue to be explored.
It ordered: "...Given the complexity of the matter, and the impression as we have gathered from the contents of the documents that the authorities of the Russian Federation may be addressed as an endearing measure, to connect the child along with his mother with the father of the child on the condition of anonymity and without any obligation for repatriation of them to India.
A request to the effect may be conveyed to the Ambassador of India in Russia, who in turn shall take up the matter with the authorities of the Prosecutor's department of Russia for locating Viktoriia Basu and the child for the limited purpose..."
Background
The petitioner-wife had filed the present petition before the Supreme Court, wherein several interim orders were passed from time to time. While she is a Russian citizen, the child's father (respondent No.2) is of Indian origin. Their 5-yr old child was born in 2020. Pursuant to the Court's orders, the couple had been residing in Delhi in separate accommodations, having joint custody of the child.
There were allegations between the parties regarding the treatment of the child. On 22 May, 2025, exclusive custody of the child was given to the Russian mother for 3 days in a week. On the remaining days, he was to remain in the exclusive custody of the father.
Recently, the father filed an application seeking compliance with the Court's May 22 order. He pointed out that his wife has not been traceable since 7 July, after school hours of the minor child. She is not available on the phone or at her residence. The minor child has not been taken to his requisite medical check-up or to school.
Statedly, several complaints of the father remained unanswered and even his advocates were allegedly misled regarding the child's location. As per claims, the mother was seen entering the Russian embassy through a back door on 4 July along with a Russian diplomat, with whom she is allegedly in some sort of relationship. It was further alleged that the police failed to provide protection to the minor child.
In this backdrop, the Supreme Court passed a stringent order on July 17, calling on the authorities to immediately trace the petitioner and return the custody of the child to the father. It also cautioned that if Russian embassy officials are found involved in the commission of an offence, the law will take its own course.
Case Details: VIKTORIIA BASU Versus THE STATE OF WEST BENGAL AND ORS., W.P.(Crl.) No. 129/2023