New Delhi: The Supreme Court has directed the Union government to take immediate steps to trace a Russian woman who is alleged to have fled India with her four-year-old son in violation of court orders amid an ongoing custody dispute with her Indian husband.
The bench of Justice Surya Kant and Justice Joymalya Bagchi said that she succeeded in fleeing with the child due as the Delhi Police were negligent despite explicit directions to maintain vigil. The Court noted with concern that the police allowed her to leave with the child, and even after the father’s complaint, took no preventive action.
“We direct the Ministry of Home Affairs and MEA to immediately apprise the Indian embassy in Moscow, Russia, who shall then find out ways and means to establish contact with the respondent and the minor child… before we take any harsh actions, the authorities are directed to establish the contact with Indian embassy in Russia, avail the services of Interpol and take further actions in terms of bilateral treaties and apprise this Court the complete process for producing the respondent and child before this Court,” the Court ordered.
The case arose from a custody dispute between a Russian woman and her Indian husband.
In compliance with interim directions of the Court, the couple was residing separately in Delhi while sharing joint custody of their child. As per the Court’s order dated May 22, the custody was to remain with the mother for three days of the week and the remaining four with the father.
On July 7, the father informed the Court that both the mother and child had gone missing after school, raising serious concerns regarding the child’s well-being, including missed medical check-ups and school attendance.
Taking note of the allegations, the Court on July 17 directed authorities to trace the mother and child and ensure they do not leave the country. However, the Court was later informed that she and the child were untraceable.
Additional solicitor general Aishwarya Bhati, appearing for the Government of India, informed the Court on Friday that the investigation has reached a stage where diplomatic channels are now being engaged. She added that assistance was being taken from Nepal, United Arab Emirates and Russia in this matter.
The Court emphasised that the authorities must bear in mind that the child was removed from the custody of the Supreme Court itself and that it is not a mere custodial dispute between the parents.
“There is flagrant violation of order of this Court inviting criminal contempt of proceedings besides registration of case under appropriate provisions for deliberate removal of custody of child from this Court,” it added.
The top court warned the Centre and Delhi Police that it would be compelled to pass the “harshest of orders” if concrete action is not taken. The matter will be heard again after 10 days.
