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Russian woman leaves India with child: SC raps Delhi Police for ‘sheer negligence’ in custody dispute case

It also urged the authorities to get in touch with the Indian Embassy in Moscow to bring the minor back

3 min read
The bench said that on May 22, it had directed that a discreet but strict vigil be kept on the woman (Archive)

Hearing a child custody dispute between a Russian woman and her Indian husband, the Supreme Court on Friday said that she has left the country with the minor child due to the “sheer negligence” of the Delhi Police. It also urged the authorities to get in touch with the Indian Embassy in Moscow to bring the minor back.

“At the outset, we are constrained to observe that the incident of taking away the child by the petitioner has happened apparently due to sheer negligence and failure of the Delhi Police in performing its duties in terms of the direction contained in… our order dated May 22, 2025,” a bench of Justices Surya Kant and Joymalya Bagchi said.

The bench said that on May 22, it had directed that a discreet but strict vigil be kept on the woman.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government, had on the last date of hearing told the SC that the woman, after leaving her rented accommodation in Delhi, had travelled to Russia via Nepal and UAE with the child.

“… that means for four days, she was in Nepal. Had the Delhi Police taken any course of action, we are quite sure that preventive measures could be taken to not allow her to board the flight,” the SC said on Friday.

The bench added that “forging/duplication of the passport of the child”, which has been “committed”, was also “apparently not considered by the Delhi Police”. The SC called this a “flagrant violation of its orders”.

Observing that it was not “that simple” matrimonial dispute, the bench said, “The Union of India also must keep in mind that the minor child has been taken from the custody of this court. It is not a case of a custodial dispute between the parents of the child, whose custody has not been handed over to either the father or the mother. It was in exercise of our duty as parens patriae that we were resolving the issue and the child was in the custody of the court.”

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Bhati said that while authorities are trying to get information from Nepal, the UAE, and Russia, foreign airlines, citing privacy, were reluctant to share travel data. But the SC said that no airline can claim privacy when a crime is committed.

It maintained that the authorities should make an effort to bring the child back to the country by exploring diplomatic channels and talking to the Indian ambassador in Moscow. It gave 10 days to the Delhi Police to file a fresh status report depicting some tangible action to bring the child back.

Referring to its May 22 order, the bench said that it had then asked the police to maintain discreet but effective vigil over residences of both parents and to depute women personnel who could enter the woman’s residence in case of an emergency.

However, this was not done even after the man complained; the court pointed out, adding that the CCTV camera footage showed the woman leaving the premises with the child through the back door.

Justice Kant asked, “What were the police doing?”

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He added that “it is a clear case of criminal negligence” and that the court will not spare the police.

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Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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