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Supreme Court Directs MEA To Seek Russia’s Legal Assistance In Locating Missing Woman And Child In Custody Battle

Supreme Court Directs MEA To Seek Russia’s Legal Assistance In Locating Missing Woman And Child In Custody Battle

The Supreme Court has directed the Ministry of External Affairs (MEA) to make a fresh diplomatic request to Russian authorities for assistance in tracing a Russian woman and her minor son, who allegedly fled India despite an ongoing custody case with her Indian husband.
 
A bench of Justices Surya Kant and Joymalya Bagchi observed that under the India–Russia Treaty on Mutual Legal Assistance in Criminal Matters, Russia is legally bound to cooperate with India in criminal investigations, including in “locating and identifying persons.”
 
The bench reminded Russian authorities of their bilateral obligations, emphasizing that “the contracting parties shall grant each other the widest measure of mutual assistance” in criminal proceedings. It directed the MEA to submit a fresh request to the Russian Embassy with the FIR and other documents, while also asking the Indian Embassy in Moscow to actively use diplomatic channels to trace the woman and child.
 
Justice Kant questioned why the Indian embassy in Moscow was “shirking its responsibility,” stressing that diplomatic intervention was crucial. He clarified that this was not a matter to be resolved by coercive orders but by “diplomatic channels and tactful handling.”
 
Case Background
• The woman, Viktoriia Basu, a Russian national, was granted joint custody of her five-year-old child with her Indian-origin husband.
• On May 22, 2025, the Court ordered custody sharing: 3 days with the mother, remaining with the father.
• Since July 7, 2025, the mother and child have been missing. She was last seen entering the Russian Embassy in Delhi on July 4.
• Investigations suggest she traveled via Nepal and UAE, eventually flying to Russia on July 16.
 
The Delhi Police faced sharp criticism for negligence after failing to monitor the residences of both parents, despite clear Court orders. Disciplinary proceedings have been initiated against the SHO concerned.
 
Meanwhile, an FIR has been registered against the mother for kidnapping, forgery, and criminal conspiracy. INTERPOL issued a Blue Corner Notice on August 11, 2025.
 
The Court hinted at the possible involvement of Russian embassy officials in the escape through forged documents and assured that “law will take its own course” if such complicity is established.
 
Reiterating that the child was under Court custody, not parental custody, the bench termed the incident a case of “gross contempt”, directing the Union Government to file an updated status report. The matter has been listed again in the coming week.
 
 

 

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