Russian Wife Seems To Have Fled India Through Nepal With Child, Says Centre; 'Unacceptable', Remarks Supreme Court

In the case where a Russian woman has seemingly gone missing with her child during pendency of a custody battle with her Indian husband, the Supreme Court was today informed by the Centre that the woman appears to have left the country and gone to Russia.

A bench of Justices Surya Kant and Joymalya Bagchi was apprised by Additional Solicitor General Aishwarya Bhati that based on the woman's IP address, it has been found that she was in Bihar on July 8 and thereafter in Nepal. Subsequently, she went to UAE and took a flight from there to Russia, where she reached on July 16.

The ASG said that the finding is awaiting confirmation from the concerned airlines.

Upon being apprised of the development, and noting that the child's Indian passport was surrendered before the Court, the bench hinted at possible involvement of Russian embassy officials and Indian authorities in the petitioner's likely escape on forged/fabricated documents.

In reply, the ASG said that the matter is still being investigated and if indeed the woman has escaped, diplomatic steps would be taken to bring her back to face the process of law.

Agreeing, Justice Kant said, "This is absolutely not acceptable to us at any cost. File an affidavit that you are satisfied [by the information]. Then we will pass an order. There's gross case of contempt. Red corner notice will have to be issued and [steps taken through] diplomatic channels...".

Calling on the authorities to file an updated status report, the Court re-listed the matter after 1 week.

Earlier, on July 17, 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.

On July 18, Union government informed the Court that the woman does not seem to have left the country, at least through legal channels. It was further stated that lookout circular, hue and cry notices, wireless messages, etc. had been issued and circulated across the country to trace the missing child and the Russian mother. The Court, on its part, again called on the authorities to trace the child and the Russian mother immediately, and to take actively engage the respondent-father in the search efforts.

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