NEW DELHI: The Supreme Court on Tuesday rejected the custody petition of Atul Subhashthe mother of his youngest grandson, stating that she was “a stranger to the child.” Justices Bela M Trivedi and N Kotiswar Singh advised that custody issues should be taken up in the trial court.
“I am sorry to say, but the child is a stranger to the petitioner. If you wish, visit the child. In case you want custody of the child, there is a separate procedure,” the court said.
Subhash, 34, was found dead at his residence in Munnekolalu, Bengaluru, on December 9, 2024. He left long messages blaming his wife and family members for taking the extreme step.
The habeas corpus petition was filed by Anju Devi, seeking custody of her four-year-old grandson. During the proceedings, Subhash’s ex-wife’s lawyer Nikita Singhania informed that the boy was attending a boarding school in Haryana.
The defense lawyer said, “We will take the child to Bengaluru. We have taken the child out of school. The mother has to stay in Bengaluru to comply with the bail conditions.”
Devi’s representative, lawyer Kumar Dushyant Singh, sought custody and claimed that the boy’s whereabouts were being concealed. He presented photographs showing previous interactions between the petitioner and the child, arguing against the placement of children under the age of six in boarding schools.
The court scheduled the boy’s arraignment for Jan. 20, emphasizing that decisions would not be influenced by media coverage.
On January 4, a Bengaluru court granted bail to Subhash’s ex-wife, his mother Nisha Singhania and his brother Anurag Singhania in the abetment to suicide case.
Following the incident, Bengaluru authorities registered an FIR against Nikita and his family under sections 108 and 3(5) of Bharatiya Nyaya Sanhita, 2023, covering abetment to suicide and common intention.