Child custody battle: Supreme Court directs Centre to issue LOC against Russian wife, child

The Supreme Court on Thursday directed the Delhi Police to forthwith trace a child born to a Russian mother and an Indian father and asked the Centre to issue a lookout circular for her after the man alleged that he was unaware of the whereabouts of his estranged wife and the child since July 7.

A Bench of Justice Surya Kant and Justice 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 the Russian woman and the child did not leave India.

"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 Bench said.

A Russian citizen residing in India since 2019, the woman initially came to India on an X-1 Visa, which expired subsequently. However, during the pendency of the proceedings, the court had directed the extension of the visa from time to time.

Engaged in a fierce custody battle for the child with his estranged Russian wife, the man accused her of not complying with the court's order with regard to custody of the minor.

"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,” the Bench said.

Taking note of the man’s allegation that the police failed to provide protection to the minor child and violated the court’s directions, the Bench directed the Ministry of External Affairs officials to liaise with relevant authorities in the Russian Embassy and seek permission to enter the residential premises of a Russian 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,” it said.

The Bench posted the matter for July 18, awaiting a status report from the authorities concerned.

The Bench advised the highest authority in the Russian Embassy to assist the Indian authorities, including Delhi Police to ensure that its directions were not violated.

Taking note of "very evasive and vague replies" about the woman's whereabouts, the Bench said it raised "serious doubts" on the bona fides of her counsel.

The top court had on May 22, 2025 directed that the exclusive custody of the child be 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. It had 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.