Supreme Court Flags Potential Diplomatic Involvement After Russian Woman Allegedly Flees With Child To Moscow Amid Custody Dispute With Indian Husband

The Supreme Court today directed Delhi Police, the Ministry of External Affairs, and police authorities to submit a comprehensive status report within one week, after taking note of submissions that Viktoriia Basu, a Russian woman embroiled in a custody dispute with her Indian husband, may have fled the country with their minor son and reached Russia.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi remarked, “Does it not show that there is some active collusion and connivance of the embassy officials?”

The Bench was informed by Additional Solicitor General Aishwarya Bhati, appearing for the Centre, that an investigation based on the IP address of an email login traced the woman’s movement from Bihar to Nepal, followed by a flight to the UAE and then to Russia on July 16. Bhati said, “She seems to have gone away… from Bihar to Nepal. From Nepal a flight to UAE and from UAE a flight to Russia.”

She clarified that this sequence was based on digital footprints, adding, “We are saying only on the basis of her email IP address login.” Confirmation from airlines was awaited due to the weekend, but Bhati assured the Court that efforts to verify the details were underway, stating, “We even have boarding pass. But we need to have a confirmation from airline. We can’t place it before your Lordships till it is confirmed from proper channels.”

Justice Kant questioned the lack of surveillance footage and documents, remarking, “There are no CCTV cameras their side?” and later asked, “Does it not show that there is some active collusion and connivance of the embassy officials?” when it was revealed that the child’s Indian and Russian passports were already before the Court.

Bhati informed the Court that investigation was ongoing on that aspect as well, submitting, “That also we are still investigating. We haven’t been able to get anything on that also. We are using the office of MEA… Delhi Police is using the office of MEA to do this. We will also now be using our diplomatic channels for her to be brought back to face My Lord.”

Justice Kant responded firmly, “You will have to because this is absolutely not acceptable to us at any cost.”

The Bench observed that duplicate passports may have been prepared with official involvement. Justice Kant said, “This is what exactly we are indicating. So that means some duplicate passports have been prepared. And those passports must have been done by the officials of the Russian embassy.” Justice Bagchi added, “Definitely a duplicate passport has been issued.”

Bhati also referred to an earlier order dated January 28 which recorded that the child’s passport had been surrendered. The father’s counsel submitted that both the Indian and Russian passports were before the Court. Justice Kant reiterated, “Child's passports are here. There is no doubt. But somebody... Whether it is duplicate. I mean if it is genuine, then duplicate. It can’t be original… Indian passport.”

The father’s counsel also placed on record WhatsApp chats allegedly showing that opposing counsel had detailed knowledge of the woman’s location in real-time. He submitted that the woman’s lawyer gave specific information about the place where the child would be handed over, but no one was present when the father went to Lajpat Nagar Metro Station. He alleged that these individuals were assisting the woman in evading orders. “They are well aware. Then further, 9th of July, they are well aware where she is. So, they should be examined by my Lord and subjected to investigation.”

Justice Kant observed, “They were gaining time. They were gaining time for her. Let’s be very frank. They were gaining time only to enable her to move further.”

The Court granted the authorities one week to file an updated status report and re-listed the matter accordingly.

Background

The matter arises from a custody dispute between Saikat Basu, an Indian national residing in Kolkata, and Viktoriia Basu, a Russian national. Divorce proceedings are pending before the family court. The Supreme Court had earlier directed a split custody arrangement, first for 20 hours with the father and 4 with the mother, later revised to three days a week with the mother and four with the father. Saikat Basu moved the Court after Victoria allegedly went missing with the child on July 7. He also claimed she was last seen entering the Russian Embassy in Delhi with luggage, accompanied by an Embassy official.

The Court, on July 18, 2025, had directed Delhi Police to issue a look-out circular and submit a status report. During the last hearing, the Bench observed, “Next two days will be very crucial also… let them at least have a fair assessment about the railway port by bus or any private cab… we are in a very strange situation… how and on what basis she is travelling out and how she is looking after the child also.” It directed, “They immediately need to look into all the exits of the NCR… from First Valley to any NCR area… to the coordination of the police in the surrounding areas.” The Court also said, “The possibility of collusion of one or two officials, maybe… not that the Embassy will indulge in this kind of things… but some official might have assisted or helped…”.

Cause Title: Viktoriia Basu v. State of West Bengal & Ors. (W.P.(Crl.) No. 129/2023)