Supreme Court directs Centre to coordinate with Russian authorities to arrange virtual meeting between father and child in international child custody dispute.

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Case Overview

Case Name:Viktoriia Basu vs. State of West Bengal & Ors., W.P.(Crl.) No.129/2023

The Supreme Court of India dealt with a sensitive international Child Custody Case involving a Russian mother & an Indian father. The matter was heard by a bench comprising CJI Surya Kant & Justice Joymalya Bagchi.

The dispute arose after the Russian mother, Viktoriia Basu allegedly left India with the minor child despite existing custody arrangements ordered by the Court. The father approached the Court claiming violation of custody rules & seeking urgent intervention.

During the hearing the Union Government informed the Court that diplomatic efforts are ongoing with Russian authorities. Status reports & communications from Russia were submitted in sealed cover & international mechanisms have also been triggered to trace the mother & the child.

Key Aspects

The case presents a difficult cross-border custody dispute where court-ordered custody arrangements were allegedly violated. The Court had earlier attempted to balance the parental rights of both parties while prioritizing the welfare of the minor child. However the alleged removal of the child from India created serious legal & diplomatic complications. The Court therefore examined the facts surrounding the disappearance & the steps taken by authorities to trace the child.

• The parents were granted joint custody of the 5 years of child through earlier Supreme Court directions.
• The Court had directed both parents to live separately in Delhi while sharing custody of the child.
• On 22nd May 2025 the Court permitted the mother custody for 3 days each week while the father retained custody on the remaining days.
• The father alleged that on 7 July, the mother disappeared with the child after school hours & became untraceable.
• It was alleged that the mother left India through Nepal even though the passport of the child had been surrendered before the Court.
• Reports also suggested that the mother was seen entering the Russian Embassy before leaving the country.

Legal Insights

The dispute raised legal issues concerning enforcement of custody orders, international cooperation & the welfare of a minor child. The Court also examined the role of diplomatic mechanisms when a custody dispute crosses national borders. In such matters, constitutional remedies & international legal structures play an important role in securing justice.

• Article 32 of the Constitution of India - Invoked to seek enforcement of fundamental rights & judicial protection in the custody dispute.
• Guardians and Wards Act, 1890 - Governs principles related to custody & guardianship, where the welfare of the child is the paramount consideration.
• Mutual Legal Assistance Treaty (MLAT) - Enables cooperation between India & Russia in legal & investigative matters.
• Interpol Blue Corner Notice - Issued to trace the location & movements of the mother & child internationally.