NEW DELHI: The Supreme Court on Tuesday rejected the custody plea of Atul Subhash‘s mother for her minor grandson, stating she was “stranger to the child”. Justices Bela M Trivedi and N Kotiswar Singh advised that custody matters should be addressed in the trial court.
“Sorry to say but the child is a stranger to the petitioner. If you wish, please visit the child. In case you want the custody of the child, there is a separate procedure,” the bench said.
Subhash, aged 34, was found deceased at his residence in Bengaluru’s Munnekolalu on December 9, 2024. He left behind lengthy messages blaming his wife and her family members for taking the extreme step.
The petition for habeas corpus was filed by Anju Devi, seeking custody of her four-year-old grandson. During proceedings, counsel for Subhash’s estranged wife Nikita Singhania informed that the child attended a boarding school in Haryana.
The defence counsel said, “We will take the child to Bengaluru. We have taken the boy out of school. The mother has to remain in Bengaluru to fulfil the bail conditions.”
Devi’s representative, Advocate Kumar Dushyant Singh, sought custody while claiming the child’s whereabouts were concealed. He presented photographs showing earlier interactions between the petitioner and the child, arguing against boarding school placement for children under six.
The court scheduled the child’s appearance for January 20, emphasising that decisions would not be influenced by media coverage.
On January 4, a Bengaluru court granted bail to Subhash’s estranged wife, her mother Nisha Singhania and brother Anurag Singhania in the suicide abetment case.
Following the incident, Bengaluru authorities registered an FIR against Nikita and her family under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, covering the abetment of suicide and common intention.
