“Don’t Want To Hurt India-Russia Ties, But Worry For The Child”: Supreme Court In Custody Battle Case

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The Supreme Court expressed concern over a missing Russian woman who fled India with her 4-year-old amid a custody case, urging restraint to protect India-Russia relations. The bench said it hopes the child is safe and not a victim of trafficking.

New Delhi: The Supreme Court of India on Friday expressed serious concern over not receiving any clear information from the Russian Embassy about the location of a Russian woman, Victoria Basu, who reportedly fled to Russia with her four-year-old son while a custody case with her Indian husband is still pending.

The Central government earlier informed the top court that the woman is believed to have crossed into Nepal with the child before leaving for Russia.

The bench of Justices Surya Kant and Joymalya Bagchi, while hearing the case, said,

“We do not want to pass any order that impacts relations between the two countries but it is also an important matter as it is about a kid!”

The court made this remark after being informed by the Centre that it has not received any substantial assistance from the Russian Embassy so far.

The judges added,

“We can only hope that the child is well and healthy as he is with the mother. But we hope it is not a case of child trafficking and he is not indulging in other exploitative activities in Russia.”

The court granted the authorities two more weeks to reach out to Russian officials for help in tracing the woman and the child.

The matter comes at a sensitive time as India and Russia have recently completed 25 years of their strategic partnership, and both nations are preparing for Russian President Vladimir Putin’s expected visit to India in early December.

During the hearing, the Supreme Court reviewed two status reports—one filed by the Delhi Police and another by the Ministry of External Affairs (MEA)—that detailed the efforts made to trace Victoria and her son.

Saikat Basu, the child’s father, is currently fighting a custody case against his estranged wife. He told the court that he has no information about the whereabouts of his wife and child while the case remains pending.

According to the MEA’s report, the Indian Embassy in Moscow contacted its Russian counterparts but did not receive any cooperation.

The MEA also said it is working with the Delhi Police to question people in Nepal who allegedly helped Victoria in leaving India.

The Delhi Police, in its report, stated that it had also reached out to the Russian Embassy but did not receive any help.

The police added that they approached the Bank of Russia, where Victoria had an account and carried out transactions, but there was no response from their side either.

Additional Solicitor General Aishwarya Bhati informed the Supreme Court that she had personally spoken to officials from the Russian Embassy but could not get any positive assistance. The Centre told the bench,

“We are roadblocked on data from the Russian side, despite best efforts.”

Victoria Basu is a Russian citizen who has been living in India since 2019. She initially arrived on an X-1 visa, which later expired.

During the ongoing custody dispute, the Supreme Court had directed that her visa be extended from time to time so she could stay in India legally while the case was being heard.

In August, the Supreme Court had instructed the MEA to contact the Indian Embassy in Moscow and seek the help of Interpol to locate the Russian woman and the child.

At that time, the court had remarked that the boy was “snatched away” from the custody of the Supreme Court and warned the Centre and the Delhi Police that it would pass the “harshest of orders” if action was not taken swiftly.

The bench had earlier stated,

“The matrimonial dispute and custody battle were pending with us, and we had not given custody to either father or mother. The child has been snatched away from the custody of the Supreme Court of India.”

Justice Surya Kant also strongly criticized the Delhi Police for being careless in handling the matter. He said that the police would be held responsible and accountable for their negligence.

The bench observed that if the police had acted promptly when Saikat Basu first filed his complaint, Victoria would not have been able to escape from India with the child.

This case has now raised concerns over international cooperation in child custody matters and highlighted the challenges faced by Indian authorities when foreign nationals are involved in sensitive family disputes.

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Hardik Khandelwal

I’m Hardik Khandelwal, a B.Com LL.B. candidate with diverse internship experience in corporate law, legal research, and compliance. I’ve worked with EY, RuleZero, and High Court advocates. Passionate about legal writing, research, and making law accessible to all.

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