In a sensitive cross-border custody case, the Supreme Court of India has expressed its reluctance to pass any judicial order that could potentially strain diplomatic relations between India and Russia. The case involves a Russian woman, Victoria Basu, who allegedly fled India with her four-year-old child amid a legal dispute with her estranged Indian husband, Saikat Basu.
A bench comprising Justices Surya Kant and Joymalya Bagchi acknowledged the complexity of the matter, emphasizing the need for diplomatic coordination rather than adversarial legal action. The Court noted that the woman reportedly exited India via Nepal and Sharjah before reaching Moscow, raising concerns about possible violations of custody arrangements and international protocols.
The Ministry of External Affairs (MEA) has submitted a report indicating that the Indian Embassy in Moscow has reached out to Russia’s Office of the Prosecutor General under the Mutual Legal Assistance Treaty (MLAT). Fresh requests for cooperation were issued on October 17, seeking assistance in locating the child and facilitating his return to India. However, the Russian authorities have yet to provide a substantive response.
The Supreme Court also observed that officials from the Russian Embassy in Delhi may have played a role in facilitating the woman’s departure from India. Delhi Police has issued notices to the Russian mission seeking clarification, but no tangible progress has been reported.
“We do not want to pass any order that could hurt the India-Russia relationship,” the bench stated, underscoring the importance of preserving bilateral ties while ensuring the child’s safety and legal rights.
The Court has urged the MEA, the Indian Embassy in Moscow, and the Russian Embassy in Delhi to intensify efforts and explore diplomatic avenues to resolve the matter. It reiterated that the child’s welfare remains paramount and that any resolution must be guided by principles of mutuality, comity, and international cooperation.
