Supreme Court Addresses India-Russia Diplomatic Concerns in International Child Custody Battle

Victoria Basu and Saikat Basu.

The Supreme Court expressed significant concerns on Friday regarding the absence of a substantive response from the Russian Embassy about the whereabouts of a Russian woman who has allegedly fled to Russia with her four-year-old child amid an ongoing custody dispute with her estranged Indian husband.

Earlier, the Centre had notified the top court that Victoria Basu appears to have departed from India with the minor through the Nepal border and likely returned to Russia.

"We do not want to issue any order that could damage relations between the two countries, but this is a critical matter as it involves a child!" stated a bench consisting of Justices Surya Kant and Joymalya Bagchi, after being informed by the Centre that they have yet to receive meaningful assistance from the Russian Embassy regarding this issue.

"We can only hope the child is safe and well since he is with his mother. However, we are concerned this is not a case of child trafficking and that he is not being subjected to exploitative activities in Russia," the bench added, granting authorities an additional two weeks to seek assistance from Russian officials.

It is worth noting that India and Russia recently commemorated 25 years of strategic partnership, and both nations are currently finalizing arrangements for Russian President Vladimir Putin's visit to India, expected to take place in early December.

The Supreme Court was reviewing two status reports—one from the Delhi Police and another from the Ministry of External Affairs (MEA)—detailing efforts to locate Victoria and her son when these concerns were raised.

The child's father, Saikat Basu, is engaged in a custody battle with his estranged Russian wife. He claims to have no knowledge of the whereabouts of the woman and child while the case remains pending.

In their report, the MEA stated that the Indian Embassy in Moscow had contacted Russian authorities but received no assistance. They also mentioned ongoing cooperation with Delhi Police to question individuals in Nepal who allegedly helped Victoria escape.

The Delhi Police reported that they had reached out to the Russian Embassy without success. They also approached the Bank of Russia, which Victoria used for various transactions, but received no response.

Additional Solicitor General (ASG) Aishwarya Bhati informed the court that despite her personal communication with Embassy officials, little help was forthcoming.

"Despite our best efforts, we are facing obstacles in obtaining data from the Russian side," the Centre told the court.

Victoria, a Russian citizen, has been living in India since 2019, initially entering on an X-1 Visa that subsequently expired. During the ongoing court proceedings, the Supreme Court had directed extensions of her visa multiple times.

In August, the Supreme Court instructed the MEA to contact the Indian Embassy in Moscow and seek Interpol's assistance in locating the Russian woman. The court observed that the child had been "snatched away" from its jurisdiction and warned both the Centre and Delhi Police of "harshest of orders."

"The matrimonial dispute and custody battle were pending with us, and we had not granted custody to either the father or mother. The child has been taken from the custody of the Supreme Court of India," the bench emphasized.

Justice Kant also reprimanded the Delhi Police for their "negligence" and stated they would be held responsible and accountable in this case. The court noted that had the police acted promptly on Saikat's complaint, Victoria might not have been able to leave the country.