After an Indian father lost contact with his child when the mother allegedly took the minor to Russia despite joint custody orders, the Supreme Court asked authorities to pursue diplomatic efforts so the father can at least connect with his child through a video link.
NEW DELHI: The Supreme Court of India on March 9 dealt with a sensitive child custody dispute involving a Russian mother and an Indian father. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the Union Government to continue diplomatic efforts to trace Russian national Viktoriia Basu and the minor child and try to establish a video connection between the child and the father.
The Court noted that the case has become complicated because the mother and father previously had joint custody of the child under the Court’s orders. However, the father later alleged that the mother took the child away from his custody last year and returned to Russia through Nepal, even though the child’s Indian passport had already been surrendered before the Court.
During the hearing, the Government informed the Court that discussions had taken place between Indian and Russian authorities. A Blue Corner notice through Interpol has also been issued to help locate the mother and child.
The Court observed that due to the sensitive situation, the identity and location of the mother and child may remain confidential, and no immediate steps should be taken to bring them back to India.
The bench said:
“…Given the complexity of the matter, and the impression as we have gathered from the contents of the documents that the authorities of the Russian Federation may be addressed as an endearing measure, to connect the child along with his mother with the father of the child on the condition of anonymity and without any obligation for repatriation of them to India.
A request to the effect may be conveyed to the Ambassador of India in Russia, who in turn shall take up the matter with the authorities of the Prosecutor’s department of Russia for locating Viktoriia Basu and the child for the limited purpose…”
The dispute relates to a five-year-old child born in 2020 to a Russian mother and an Indian father. Earlier, the Supreme Court had arranged a joint custody system where the child stayed with both parents on different days. Later, the father approached the Court claiming the mother disappeared with the child in July and could not be traced. He also alleged that his complaints were ignored and that the child was not taken to school or medical check-ups.
Taking note of the situation earlier, the Supreme Court had directed authorities to urgently trace the mother and restore custody to the father if required. The case continues as diplomatic efforts are being explored to locate the child and ensure that the father at least gets a chance to connect with his child.
Explanatory Table: Laws And Provisions Involved
| Law / Provision | Explanation | Relevance in the Case |
| Writ Petition (Criminal) under Article 32 of the Constitution | Allows individuals to directly approach the Supreme Court for enforcement of fundamental rights. | The petition concerning custody and alleged illegal removal of the child is being heard under this jurisdiction. |
| Mutual Legal Assistance Treaty (MLAT) | International legal framework allowing countries to assist each other in criminal investigations and legal processes. | The Court suggested using MLAT between India and Russia to explore legal cooperation regarding the child. |
| Interpol Blue Corner Notice | A notice issued by Interpol to collect additional information about a person’s identity, location or activities. | Issued to help authorities trace the Russian mother and the child. |
| Custody Orders of the Supreme Court | Judicial directions regulating parental access and custody of a minor child. | Earlier orders allowed joint custody between the parents in Delhi. |
Case Details
- Case Title: Viktoriia Basu v. State of West Bengal & Ors.
- Court: Supreme Court of India
- Case Number: Writ Petition (Criminal) No. 129 of 2023
- Date of Order: 9 March 2026
- Bench: Chief Justice of India Surya Kant | Justice Joymalya Bagchi
- Counsel: Additional Solicitor General Aishwarya Bhati appearing for the Union of India
Key Takeaways
- Cross-border child custody disputes show how easily a parent can take a child out of India despite existing custody arrangements, leaving the other parent struggling for access.
- Even after a court-approved joint custody system, one parent can lose contact with their child overnight if the other parent disappears with the child.
- Diplomatic channels, international cooperation, and mechanisms like Interpol notices often become the only tools available when a child is taken abroad.
- For many fathers, the fight is not only about custody but simply about maintaining basic contact with their own child.
- The situation highlights a recurring concern in family disputes where fathers are left dependent on slow legal and diplomatic processes just to reconnect with their children.
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