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