"Don't Want To Hurt India-Russia Ties, Worry For Kid": Court On Custody Row

The Supreme Court on Friday expressed concerns over a lack of concrete response from the Russian Embassy on the whereabouts of a Russian woman, who has reportedly fled to her country with her four-year-old child, amidst a custody battle with her estranged Indian husband.

The Centre earlier informed the top court that the woman, Victoria Basu, seems to have left the country with the minor through the Nepal border and might have reached her country.

"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!" a bench of Justices Surya Kant and Joymalya Bagchi said, on being informed by the Centre that it is yet to receive some substantial assistance from the Russian Embassy in the matter. 

"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," it added, as it granted authorities two more weeks to reach out to Russian officials for assistance.

Both India and Russia recently completed 25 years of their strategic partnership and the two sides are also finalising Russian President Vladimir Putin's visit to India, which is expected to take place in early December.

The top court was reviewing two status reports - one by the Delhi Police and another by the Ministry of External Affairs (MEA) - that detailed the efforts to trace Victoria and the boy, when it raised the concerns.

The child's father Saikat Basu is fighting the custody battle with the estranged Russian woman. The man said he is unaware of the woman and the child's whereabouts amid the pending case.

In their report, the MEA said the Indian Embassy in Moscow reached out to its Russian counterparts but did not receive any help. It also said that it is cooperating with the Delhi Police to interrogate people in Nepal who reportedly helped Victoria escape. 

The Delhi Police, on its part, said it reached out to the Russian Embassy, which proved to be of no help. It said it also approached the Bank of Russia, which Victoria used for various transactions, but did not get any response. 

Additional Solicitor General (ASG) Aishwarya Bhati told the court she personally spoke to the Embassy officials but did not get much help. 

"We are roadblocked on data from the Russian side, despite best efforts," the Centre told the court. 

Victoria is a Russian citizen, who has been residing in India since 2019, initially coming to India on an X-1 Visa, which expired subsequently. However, during the pendency of the court proceedings, the top court directed the extension of the visa from time to time.

In August, the top court had directed the MEA to reach out to the Indian Embassy in Moscow and seek Interpol's help to trace the Russian woman. It observed that the child was "snatched away" from its custody and warned the Centre and Delhi cops of "harshest of orders".

"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," the bench said.

Justice Kant also pulled up the Delhi Police over its "negligence" and said it would be held responsible and accountable in the case. It said had the cops acted on Saikat's complaint on time, Victoria would not have been able to flee the country.