The Supreme Court, on January 7, 2024, refused to hand over the custody of Atul Subhash’s minor four-year-old child to his grandmother. The court observed that Atul’s mother was a “stranger to the child”. The court remarked Atul’s estranged wife, Nikita Singhania, said that the child was studying at a boarding school in Faridabad, Haryana, and would soon be taken to Bengaluru to meet his mother.
Netizens upset with Atul Subhash’s mother being denied his son’s custody
A habeas corpus plea was filed by Atul Subhash’s mom, seeking the custody of her grandson. The Bangalore techie died by suicide on December 9, 2024, after he alleged in his long suicide note that his wife and his in-laws harassed him. They were arrested but were granted bail. Now, netizens on Reddit are unhappy with the court’s judgment. One user wrote, “Just curious to know. What does anyone know POV of a 4-year-old?” They also were upset and wrote that the child was with a mother who was abusive towards the child’s father.
What did Nikita Singhania’s counsel say?
When the hearing was happening in the top court related to Atul Subhash’s child’s custody, Nikita’s counsel l revealed that when the mother of the child was arrested, he was at a boarding school in Faridabad. The counsel had taken custody of the child from boarding school. The court bench held by Justices Bela M Trivedi and N Kotiswar also observed:
“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.”
During the hearing, Nikita’s counsel also mentioned that according to the conditions of the bail, the child would be shifted to Bengaluru, as the mother had to be in the city. The counsel appearing on behalf of Anju Devi, Atul Subhash’s mother, said that the court needed to give custody of the child to her, claiming that kids at a tender age shouldn’t be sent to boarding school.
What Atul Subhash’s mom, Anju Devi’s lawyer, argue?
Advocate Kumar Dushyant Singh, who represented Devi, alleged that Nikita had kept the child’s location a secret and argued that as Atul’s son was below 6, he could not be sent to a boarding school. He also showed pictures of Devi interacting with the child a few years back. The apex court has now directed the child to be brought in court on January 20, 2024, as the case could not be decided based on a trial by the media.
Atul Subhash’s tormented life
Atul was a resident of Munnekollal, Bengaluru and married Nikita in 2019. The duo separated, and before committing suicide, the techie made an 81-minute-long and made shocking claims against his estranged wife and her family. After he passed away an FIR was filed against Nikita and her family under Sections 108 (abetment of suicide) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita , 2023.
What do you think of the Supreme Court denying Atul Subhash’s child’s custody to his mother?
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