'Don't Want To Pass Orders Hurting India-Russia Ties': Supreme Court On Child Custody Row

The Supreme Court has expressed concern 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 child amid an ongoing custody battle with her estranged Indian husband, and observed that it does not want to pass any order that could hurt the India-Russia relationship.

A bench of Justice Surya Kant and Justice Joymalya Bagchi emphasised the need for proper coordination as it pointed out to the diplomatic challenge for the Ministry of External Affairs (MEA), the Indian Embassy in Moscow, and the Russian Embassy in Delhi to find a resolution of the issue and take steps to restore the child to the custody of the top court.

“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!” the bench 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.

Victoria Basu, a Russian mother has allegedly absconded along with her five-year-old son amid the ongoing custody battle with her estranged husband, Saikat Basu. The mother-son duo has been missing since July 7. Saikat has alleged that Victoria wasn’t complying with the court’s order of custody of the minor.

The top court further noted that in a report of the MEA, it has been pointed out that the embassy had already reached out to the office of prosecutor general for assistance and cooperation on the basis of principles of mutuality and comity and fresh requests under the Mutual Legal Assistance Treaty (MLAT) were issued on October 17 through the Indian embassy at Moscow to the office of the prosecutor general of Russia.

Additional Solicitor General Aishwarya Bhati, appearing for the Centre, said that the MEA is coordinating with Delhi Police for further investigation into other involved persons, including Nepali citizens, through the MLAT channel with Nepal.

The bench, which noted the complicity of Russian embassy officials in helping the Russian woman to flee the country with the child via Nepal and Sharjah in UAE, said Delhi Police sent notices to the Russian authorities seeking further information, but it has not yielded any tangible results.

Bhati said that she has personally talked to Russian embassy officials but no substantial progress has been made. “We are road-blocked on information from the Russian side, despite taking various efforts,” she said.

During the course of hearing, different courses of action have been suggested to the MEA and Delhi Police, which may be followed or employed by them to yield the desirable 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 bench said on Friday and asked ASG Bhati to file a status report in two weeks.

What’s The Case?

The case concerns Victoria Basu, a Russian citizen married to Saikat Basu, an Indian national. The couple shares a five-year-old son.He told the court he feared Victoria and the child may have since fled India.

(With inputs from agencies)

The top court on May 22, 2025 directed that the exclusive custody of the child was given to the mother for three days in a week on Monday, Tuesday and Wednesday and for the remaining days, the child was directed to remain in the exclusive custody of his father.

The mother of the child 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.

Meanwhile, Saikat has alleged that his estranged wife, with divorce proceedings pending before a family court in Delhi’s Saket, was seen earlier this month entering the Russian embassy in Delhi through the back gate, carrying luggage. He also claimed she was accompanied by an embassy official.

He told the court he feared Victoria and the child may have since fled India.

(With inputs from agencies)