Supreme Court Addresses Diplomatic Challenges in Indo-Russian Child Custody Dispute

The Russian woman, who has been living in India since 2019, initially arrived on an X-1 Visa.

New York:

The Supreme Court has expressed concern about potentially damaging India-Russia relations while addressing the case of a Russian woman who fled to Moscow with her child during a custody dispute with her Indian husband.

Justices Surya Kant and Joymalya Bagchi highlighted the diplomatic challenges facing the Ministry of External Affairs (MEA), Indian Embassy in Moscow, and Russian Embassy in Delhi in resolving this issue and returning the child to the Supreme Court's custody.

According to an MEA report, the Indian embassy had contacted the Russian prosecutor general's office seeking assistance based on principles of mutuality and comity. Fresh requests under the Mutual Legal Assistance Treaty (MLAT) were submitted on October 17 through the Indian embassy in Moscow.

Additional Solicitor General Aishwarya Bhati, representing the Centre, stated that the MEA is working with Delhi Police to investigate other involved individuals, including Nepali citizens, through MLAT channels with Nepal.

The bench noted Russian embassy officials' involvement in helping the woman escape India with the child via Nepal and Sharjah in the UAE. Although Delhi Police sent notices to Russian authorities requesting information, these efforts have not produced significant results.

The Russian woman had been residing in India since 2019 on an X-1 Visa that subsequently expired. During court proceedings, the Supreme Court had directed extensions of her visa.

"We don't want to pass any order which may hurt the relationship between India and Russia but it is also a matter where a child is involved. We can only hope the child is well and healthy as he is with the mother. Hope it is not the case of human trafficking...," the bench told Bhati.

Bhati revealed she had personally spoken with Russian embassy officials but achieved no substantial progress. "We are road-blocked on information from the Russian side, despite taking various efforts," she explained.

The bench noted that notices were also issued to Sberbank of Russia's New Delhi branch requesting information about the credit card used to book travel tickets. However, the bank declined to share this information, citing banking secrecy laws.

During the hearing, various courses of action were suggested to the MEA and Delhi Police that might help achieve the desired results.

"We have been assured by the Additional Solicitor General of India that necessary instructions will be issued to the Ministry of External Affairs as well as the Delhi Police to take further action in terms of the discussions that have taken place during the course of hearing," the court stated on Friday, requesting Bhati to submit a status report within two weeks.

On July 21, the Supreme Court learned that the Russian woman appeared to have left the country with the minor child via the Nepal border and likely reached Russia through Sharjah. The court described the situation as "unacceptable" and noted it constituted "gross contempt of court."

The child's father is engaged in a custody battle with his estranged Russian wife and alleged she was not complying with the court's custody order for the minor. He claimed the whereabouts of both the woman and his child were unknown.

On July 17, the Supreme Court directed senior Delhi Police officials to immediately locate the child and instructed the Centre to issue a look-out notice for the woman and minor to prevent them from leaving the country.

On May 22, the Supreme Court had granted the mother exclusive custody of the child for three days each week (Monday, Tuesday, and Wednesday), with the father having exclusive custody for the remaining days.