The Supreme Court has expressed concern over the disappearance of a Russian woman who fled to Moscow with her minor son amid an ongoing custody dispute with her estranged Indian husband, while stressing that it does not wish to issue any direction that could strain Indiaโs diplomatic relationship with Russia.
A bench of Justices Surya Kant and Joymalya Bagchi observed that the matter presents a diplomatic challenge for the Ministry of External Affairs (MEA), the Indian Embassy in Moscow, and the Russian Embassy in New Delhi. The court said that sincere efforts must continue to trace the child and ensure his return under the supervision of the apex court.
According to the MEAโs latest report, the Indian Embassy in Moscow has already sought assistance from the office of the Russian Prosecutor General under principles of mutuality and comity. It also confirmed that a fresh request under the Mutual Legal Assistance Treaty (MLAT) was issued on October 17 to the Russian authorities.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, informed the court that the MEA was coordinating with the Delhi Police and also pursuing leads through the MLAT channel with Nepal, as the woman reportedly left India through the Nepal border and travelled via Sharjah to Russia.
The bench took note of findings indicating that officials of the Russian Embassy in Delhi might have assisted the woman in leaving India with her child. Despite the Delhi Police sending notices to the Russian authorities for information, no โtangible resultsโ have emerged.
The woman had been residing in India since 2019 on an X-1 visa, which was periodically extended on the courtโs direction during the pendency of the custody proceedings.
The court remarked,
โWe donโt want to pass any order that 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.โ
ASG Bhati said she had personally spoken to Russian officials but that efforts had reached a โroadblockโ due to non-cooperation. The court noted that even a notice to Sberbank of Russiaโs New Delhi branchโto obtain details of the credit card used to purchase flight ticketsโwas declined on grounds of banking secrecy laws.
The bench directed that the MEA and Delhi Police consider all courses of action discussed during the hearing and take appropriate steps to secure the childโs safety. It asked ASG Bhati to file a status report within two weeks, assuring that further instructions would be issued to both agencies.
Earlier, on July 21, the top court had described the womanโs departure from India with the child as โgross contempt of courtโ and โunacceptable.โ The court had earlier granted shared custodyโthree days a week with the mother and four with the fatherโthrough its May 22 order.
Despite that arrangement, the woman allegedly defied the custody terms and vanished with the child, prompting the court to issue a look-out circular and instruct the Delhi Police to trace their whereabouts.
The case involves a cross-border custody conflict that has now escalated into a diplomatic issue, testing the limits of international cooperation under the India-Russia MLAT framework. The father, an Indian national, continues to seek the courtโs intervention for the return of his son, whose current location remains unknown.
