The Indian Supreme Court has issued stringent directions to prevent a Russian woman from fleeing the country with her 5-year-old child. The child, born in 2020, is at the centre of a custody battle between a Russian mother and his Indian-origin father.
The Supreme Court bench of Justices Surya Kant and Joymalya Bagchi passed the order in a case titled Victoria Basu v. State of West Bengal & Ors., W.P. (Crl.) No. 129/2023.
The court was informed that the Russian woman and the child have "disappeared into oblivion." Concerned about the safety of the child and the disappearance of the mother, the Court took the following immediate steps:
"The Delhi Police must trace the minor child without loss of time and unconditionally hand over his custody to the father."
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Further, the Court gave the following directions:
The Ministry of External Affairs and the Ministry of Home Affairs should issue a Look-Out Circular (LOC) and ensure that the mother is not allowed to leave the country.
The passport of the Russian woman should be confiscated immediately.
MEA officials were directed to coordinate with the Russian Embassy and seek permission to enter the diplomat's residence where the mother was last seen.
The Court expressed displeasure at the petitioner-wife's legal team claiming ignorance about her location. Expressing doubt over their intent, the Bench remarked:
"You people know everything… you think you can play a prank on us? We will question not only the petitioner but also the lawyers!"
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The Russian wife had earlier filed a petition in the Supreme Court, where several interim orders were passed. As per the directions, the couple were in joint custody and were living in separate accommodations in Delhi.
On May 22, the court had granted the mother exclusive custody of the child three days a week, and on the other days the child was to stay with the father. However, the father filed a fresh petition citing non-compliance, claiming that the mother and the child have been missing since July 7. He also alleged that the mother was last seen entering the Russian embassy through the back door with a Russian diplomat, and that she has not taken the child for a medical check-up or to school.
Despite filing a complaint, the father claimed that no action was taken, and even his lawyers were misled about the child's location.
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The Supreme Court warned that if any official of the Russian embassy is found to be involved, then:
"The law will take its course."
This drastic action is a rare instance where the apex court directed the seizure of a foreign national's passport and negotiated through diplomatic channels to protect the rights of a minor.
Case Title: VIKTORIIA BASU Versus THE STATE OF WEST BENGAL AND ORS., W.P.(Crl.) No. 129/2023