Coercive Order Will Not Bring Result, Diplomatic Skills More Useful: Supreme Court On Russian Women Fleeing To Moscow With Child Amid Custody Dispute

Today, the Supreme Court remarked that a coercive order cannot bring an effective result in the issue of finding Viktoriia Basu, a Russian woman who fled the country with her minor son and reached Russia, amidst a pending custodial dispute.

A Bench of Justice Surya Kant and Justice Joymalya Bagchi said, "Not an issue which can be dealt with force...our coercive order will not bring any effective result. It is more of an issue of diplomatic channels and the case of tactful handling... diplomatic skill of the officers there would be more useful than the orders. Orders we can pass to assist them..."

ASG Aishwarya Bhati apprised the Supreme Court of developments that have been made so far. Bhati informed the Court that the FIR has been registered for the offence of Kidnapping, forgery, forgery of valuable security, forgery of digital and electronic record and criminal conspiracy. A blue-corner notice was issued against Basu by the Interpol.

Bhati also informed the Court that they sought the assistance of the Russian Embassy and the disciplinary proceedings has also been initiated against the concerned SHO and DCP for not taking timely action.

"So far, the stand of Russian Embassy is that they are not able to make any contact with the Mother, so they don't know her whereabouts", said Bhati.

Further, Bhati told the Court that they have not been able to reach out to the mother or the child.

Later, Justice Kant asked, "What is the response by the Indian Embassy there?"

To which, Bhati informed the Court that the Indian Embassy in Russia also has to follow official channels. "We have opened all the channels but we are not able to achieve anything so far", Bhati submitted.

Justice Kant expressed that the Indian Embassy in Moscow, Russia, was the most affluent and potential source of reaching and finding out the whereabouts of the mother. Bhati agreed, however, asked for more time to find the Russian mother. To which, Justice Kant suggested contacting the Indian Embassy in Moscow, Russia.

Further, Justice Kant remarked, "Not an issue which can be dealt with force...our coercive order will not bring any effective result. It is more of issue of diplomatic channels and the case of tactful handling... diplomatic skill of the officers there would be more useful than the orders. Orders we can pass to assist them..."

The Court recorded in its order that a formal FIR was registered against Basu under various offences, including kidnapping of the child. "Thus, the Embassy of Russia ought to remind itself the bilateral obligations...on mutual legal assistance on legal matters", added the Court.

Subsequently, the Court also ordered that the Delhi Police will continue to investigate the matter.

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.

On August 1, the Supreme Court questioned the actions taken by the Delhi Police with regard to the incident and directed the Ministry of Home Affairs or the Ministry of External Affairs to immediately contact the Indian Embassy in Moscow, Russia, which shall then find out the ways to establish contact with Basu and the minor child. The Court remarked, "It is a clear case of criminal negligence on their (Delhi Police) part also, they are equally responsible."

On July 21, the Supreme Court directed Delhi Police, the Ministry of External Affairs, and police authorities to submit a comprehensive status report on the issue.

The Supreme Court, on July 18, 2025, had directed Delhi Police to issue a look-out circular and submit a status report.

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