NEW DELHI: The Delhi High Court has granted the custody of a four-year-old girl to her Indian father, expressing concern that the child’s Russian mother might leave India and thereby remove the case from the jurisdiction of Indian courts.
A bench of Justices Anil Kshetarpal and Harish V Shankar, while upholding a trial court’s order, observed that granting unrestricted custody to the mother could risk a repeat of a recent case in which a Russian woman left India with her child despite ongoing Supreme Court proceedings.
“We take judicial notice of recent events where a national of the same country was prima facie assisted by embassy officials to flee Indian shores, frustrating ongoing judicial proceedings,” the bench said, referring to the case of Viktoriia Basu vs The State of West Bengal, which remains pending before the Supreme Court.
Concern Over Jurisdiction and Enforcement
The court noted that despite the Indian government’s repeated diplomatic efforts, the Basu case remains unresolved, adding that such incidents undermine the authority of Indian courts.
“The entire process of adjudication would be rendered meaningless if courts were unable to implement or enforce their orders or judgments,” the bench observed.
It added that in the present case, both the mother and child are Russian passport holders, and that the Russian Embassy had previously attempted to secure exit permits for them in 2023. This, the judges said, raised a “fairly high apprehension” that if allowed to travel, they might not return to India.
Court Prioritizes Child’s Welfare
The mother had challenged the trial court’s ruling, arguing that legal precedents favour the custody of a minor girl with her mother. However, the High Court emphasized that the best interests of the child must remain paramount.
The judges noted that the child had been living in India almost since birth and was now deeply rooted in her surroundings.
“If handing over custody to the appellant would mean uprooting the minor completely from the country and environment she has grown accustomed to, such a move would not serve her welfare,” the bench held.
Background of the Dispute
According to court records, the couple married in 2013 and lived in Russia for a few years before moving to India. Their relationship later deteriorated, resulting in divorce and a prolonged custody battle.
The High Court concluded that maintaining the child’s residence in India was in her best psychological and emotional interest, while also ensuring that Indian courts retain jurisdiction to safeguard her future.
