Custody row: Supreme Court directs Centre to issue LOC against Russian wife, child on Indian man's plea
A bench of Justices Surya Kant and Joymalya Bagchi directed the authorities to seize her passport and inform all international airports and other ports within India, and the immigration authorities to ensure they did not leave the country.
The father is fighting a custody battle for the child with the estranged Russian wife and alleged she wasn't complying with the court's order of custody of the minor.
The man claimed being unaware of the whereabouts of his wife and the child since July 7. The man was observed to have made several complaints but no action was taken.
"Father of the child apprehends that the petitioner has been facilitated to flee out of the jurisdiction of this court. She was statedly seen entering the Russian Embassy through a back door on July 4, 2025 along with a Russian diplomat, with whom she is alleged to have some relationship. It is further alleged that the police have failed to provide protection to the minor child, thereby defying the directions issued by this court," the bench said.
The top court, therefore, directed the Ministry of External Affairs officials to liaise with the relevant authorities in the Russian embassy and seek permission to enter into the residential premises of the diplomat, who was last seen in her company on July 4, 2025.
"Keeping in mind the comity, diplomatic relationship, and autonomy enjoyed on a reciprocal basis by different embassies, we are not issuing any directions in respect of the officers of the Russian Embassy in India. However, we do not hesitate to observe that if, on the basis of the police report, we find any diplomatic personnel attached or connected to the said embassy has prima facie committed an offence within the framework of the penal laws of this country, the law must take its own course."
The bench for now advised the highest authority in the Russian embassy to assist the Indian authorities, including the Delhi police to ensure directions of this court, issued from time to time, were not violated.
The top court further noted getting "very evasive and vague replies" upon inquiries made about the woman's whereabouts which raised "serious doubts" on the bonafide conduct of her counsel.
The bench's order was directed to be shared with Solicitor General Tushar Mehta, Additional Solicitor General Aishwarya Bhati, Delhi police commissioner for information and necessary compliance.
"The officials at the Ministry of Home Affairs and the Ministry of External Affairs, Union of India are also directed to communicate this order to all international airports and other ports within India, and the immigration authorities be intimated to ensure that neither the petitioner (woman) nor the minor child is permitted to leave the country," the order said.
The top court posted the hearing on July 18, when it asked the authorities concerned to file a status report.
The bench had previously remarked that in a "furious fight" between the husband and wife over the child, several speaking orders were passed by the court from time to time.
The top court on May 22, 2025 directed that the exclusive custody of the child was given to the mother for three days in a week on Monday, Tuesday and Wednesday and for the remaining days, the child was directed to remain in the exclusive custody of his father.
The mother of the child is a Russian citizen, who has been residing in India since 2019, initially coming to India on an X-1 Visa, which expired subsequently.
However, during the pendency of the court proceedings, the top court directed the extension of the visa from time to time.
On May 22, the top court directed the Deputy Commissioners of Police (South East and South) and the station house officers of Lajpat Nagar and Defence Colony Police stations to maintain a discreet but effective vigil over the residential premises of both parties.
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