Russian Woman Seems To Be In India; Russian Embassy Assisting In Search: Centre Tells Supreme Court In Indian Man's Child Custody Case

In the case where the Supreme Court ordered authorities to immediately trace a Russian woman who has seemingly gone missing with her child during pendency of a custody battle with her Indian husband, Union government informed the Court today that the woman does not seem to have left the country, at least through legal channels.

A bench of Justices Surya Kant and Joymalya Bagchi was given the update by Additional Solicitor General Aishwarya Bhati, who stated that lookout circular, hue and cry notices, wireless messages, etc. have been issued and circulated across the country to trace the missing child and the Russian mother.

The ASG further apprised the Court that the petitioner-woman had frugal means and has less than Rs.200 in her bank account. She had approached the Russian embassy on July 5 and complained about her husband, but was advised to go to the Delhi police. The child has not attended school since after July 7 and efforts are being made to gain access to the woman's social media accounts. Further, the woman's call data records have been obtained and are being analyzed.

In response to a Court query, the ASG further stated that the Russian embassy is cooperating fully with Indian authorities and the Russian ambassador himself issued a Whatsapp communication regarding the matter. As per claims, the mother of the Russian woman as well made a complaint to the embassy that her daughter is not reachable.

When the Court expressed that there may have been collusion on the part of some officials of Russian embassy, at a private level, the ASG replied that the authorities will try to investigate that.

Ultimately, finding it strange how the woman is travelling and taking care of the child with limited means, the Court told the authorities that they need to find the two immediately, in which search the next 2 days would be most crucial. Listing the matter on Monday, the bench further asked the authorities to see if the petitioner is still in national capital region, or has left it, by reaching out to authorities in railways and other modes of transport.

Insofar as the Indian man's family submitted that they can provide authorities names of some persons who were close to the petitioner, the Court ordered, "The husband and his family have some information that may facilitate the police to reach logical conclusion. They may be associated in the entire exercise of tracing the petitioner and the child."

The Court also expressed that the Delhi police, alongwith the Ministry of External Affairs, shall continue an effective dialogue with the Russian embassy.

Yesterday, the Court was apprised that “the Russian mother and the child have vanished into wilderness”. When the petitioner's counsels as well submitted that they were not aware of her whereabouts, the Court passed stringent directions to the Union and Delhi government authorities to trace the petitioner immediately and ensure that she does not leave the country with the child.

Background

The petitioner-wife had filed the present petition before the Supreme Court, wherein several interim orders were passed from time to time. While she is a Russian citizen, the child's father (respondent No.2) is of Indian origin. Their 5-yr old child was born in 2020. Pursuant to the Court's orders, the couple had been residing in Delhi in separate accommodations having joint custody of the child.

There were allegations between the parties regarding treatment of the child. On 22 May, exclusive custody of the child was given to the Russian mother for 3 days in a week. On the remaining days, he was to remain in the exclusive custody of the father.

Recently, the father filed an application seeking compliance with the Court's May 22 order. He pointed out that his wife is not traceable since 7 July, after school hours of the minor child. She is not available on phone, or her residence. The minor child has not been taken to his requisite medical check-up or to the school.

Statedly, several complaints of the father remained unanswered and even his advocates were allegedly misled regarding the child's location. As per claims, the mother was seen entering the Russian embassy through a back door on 4 July along with a Russian diplomat, with whom she is allegedly in some sort of relationship. It was further alleged that the police failed to provide protection to the minor child.

In this backdrop, the Supreme Court passed a stringent order on July 17, calling on the authorities to immediately trace the petitioner and return the custody of the child to the father. It also cautioned that if Russian embassy officials are found involved in commission of an offense, law will take its own course.

Case Title: VIKTORIIA BASU Versus THE STATE OF WEST BENGAL AND ORS., W.P.(Crl.) No. 129/2023