Russian Woman Flees with Child Amidst Custody Battle

 New Delhi: Noting the observation made by the Supreme Court with regard to a child custody battle involving a Russian national, the Russian Embassy in India on Saturday said “it implements its priority duties to ensure and defend rights and legitimate interests of Russian citizens in full accordance with the Indian legislation.”

It added that with regard to the matter pertaining to Russian citizen Victoria Basu, involved in the custody battle in India and accused of running away with the child from its Indian father, the embassy remains in close contact with competent Indian authorities.

While hearing matter, the SC expressed concern over sincere efforts in tracing the Russian woman, who has fled to Moscow with her child amid a bitter custody battle with her estranged Indian husband. A bench of Justices Surya Kant and Joymalya Bagchi emphasised the need for proper coordination as it pointed out to the diplomatic challenge for the Ministry of External Affairs (MEA), Indian Embassy in Moscow and Russian Embassy in Delhi to find a resolution of the issue and take steps to restore the child to the custody of the apex court. The court observed that it does not want to pass any order which could hurt India-Russia relationship.

The SC 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.

The Russian embassy said reports in media do not correspond to reality and are based on speculations.

The father of the child is fighting the custody battle for the child with the estranged Russian woman and alleged she wasn't complying with the court's order of custody of the minor.

The man claimed the whereabouts of the woman and his child were unknown.

"We don't want to pass any order which may hurt the relationship between India and Russia but it is also a matter where a child is involved. We can only hope the child is well and healthy as he is with the mother. Hope it is not the case of human trafficking...," the bench told Bhati. 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.