In custody battle, SC asks police to trace and hand over child to Indian father, orders seizure of Russian mother’s passport

A bench comprising Justices Surya Kant and Joymalya Bagchi took a serious view of the matter, instructing the Delhi Police — including the commissioner — to trace the “minor child without any loss of time” and grant the father “unconditional custody”. The Court also directed the Ministries of External Affairs and Home Affairs to issue look-out circulars and prevent the mother from leaving the country.

Additionally, the court ordered the immediate seizure of the mother’s passport, and directed MEA officials to contact the Russian Embassy to request permission to enter the “residence of the diplomat who was lastly seen in the company of the mother”.

The woman had initially approached the court to resolve the custody dispute, and the SC passed orders in the matter from time to time. The parents had been living separately in Delhi on the court’s direction, with both sharing responsibility for the child.

On May 22, the court granted the father exclusive custody for four days a week, while the mother retained custody for the remaining three days.

Earlier this month, the father returned to the Supreme Court, alleging that both the mother and the child had gone missing. He claimed that the mother had been seen entering the Russian Embassy in Delhi accompanied by a diplomat. His counsel told the bench, “The Russian mother and the child have vanished into the wilderness.”

When Justice Surya Kant inquired about the mother’s whereabouts, her counsel claimed they had no information. To which Justice Kant sharply remarked, “You people know everything… You think you can play mischief with us? We will take counsel to task, not just the petitioner. Wait for the orders, we will pass at the appropriate time.”