The Supreme Court Today (Jan 20) rejected a grandmother’s plea for custody of her grandson, allowing the child to stay with his mother, Nikita Singhania. This follows the tragic suicide of Bengaluru techie Atul Subhash, who left behind a note and video accusing his estranged wife and her family of harassment. The case sparked widespread outrage and legal action, with arrests made and later bail granted.
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NEW DELHI: The Supreme Court of India dismissed the plea made by the mother of deceased Bengaluru techie Atul Subhash, seeking custody of her grandson, who is currently under the care of her daughter-in-law, Nikita Singhania.
A Bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma interacted with the child before deciding that he should remain with his mother.
The Court said it would not entertain the grandmother’s plea, and accordingly, the petition was dismissed.
The grandmother had approached the Court, alleging that her daughter-in-law, Nikita, was not disclosing the child’s whereabouts. In response, on December 20, the Court directed the states of Uttar Pradesh, Haryana, and Karnataka to “ascertain the whereabouts of the minor child.”
Atul Subhash, a 34-year-old software engineer working in Bengaluru, had tragically died by suicide. His wife, Nikita, who was estranged from him, had been living in Gurugram, Haryana, while her mother and brother reside in Uttar Pradesh. Subhash left behind a detailed suicide note and a video message accusing Nikita and her family of harassment, filing false cases against him, and pushing him to end his life.
In the video, Subhash directly blamed Nikita and her family for causing him immense mental distress. He alleged that they had harassed him through several matrimonial disputes during their ongoing legal battles over divorce, alimony, and child custody in a family court in Uttar Pradesh’s Jaunpur. His tragic death and the content of the video led to a heated debate on social media, with widespread demands for the arrest of Nikita and her family.
Following the public outcry, a first information report (FIR) was registered in Bengaluru against Nikita and her three family members under Sections 108 (abetment of suicide) and 3(5) (criminal act with a common intention) of the Bharatiya Nyaya Sanhita, 2023.
Subsequently, Bengaluru police arrested Nikita, her mother, and her brother. However, they were later granted bail by a Bengaluru court.
EARLIER TODAY- “Produce Minor Son Through VC”: Supreme Court Directs Techie’s Wife
The Supreme Court on earlier today instructed the wife of a Bengaluru-based engineer who died by suicide last year to present their young son before the court.
A bench comprising Justices B.V. Nagarathna and Saish Chandra Sharma directed the estranged wife, Nikita Singhania, to produce the child through video conferencing.
“This is a habeas corpus petition. We want to see the child. Produce the child,”
-the bench said during the hearing.
Nikita Singhania’s lawyer assured the court that the child would be presented within 30 minutes. The Supreme Court continued to hear the matter after this assurance.
The case revolves around a plea filed by Anju Devi, the grandmother of the child, who approached the court through a habeas corpus petition seeking custody of her four-year-old grandson.
During the earlier hearing on January 7, the Supreme Court had denied Anju Devi custody of the child, stating she was a “stranger to the child.”
In the ongoing hearing, it was revealed to the court that the child had stopped attending school in Haryana and is now living with his mother.
The case relates to the tragic death of Subhash, a 34-year-old engineer who was found hanging in his home in Bengaluru’s Munnekolalu area on December 9 last year.
Subhash reportedly left lengthy messages blaming his wife and in-laws for causing him emotional distress, which allegedly led him to take this extreme step.
The hearing in this sensitive matter is still underway, with the Supreme Court ensuring proper examination of all aspects to reach a fair resolution.
Background
Atul Subhash, a 34-year-old engineer, was found dead at his residence in Munnekolalu, Bengaluru, on December 9, 2024. The young techie had reportedly taken his life, leaving behind a suicide note and video, in which he blamed his wife, Nikita Singhania, and her family for harassment. The revelations in his suicide note sparked a nationwide outcry, with demands for a thorough investigation into the circumstances surrounding his death.
Anju Devi, the mother of Atul Subhash, had filed a habeas corpus petition in the Supreme Court seeking custody of her grandson. However, on January 7, the top court denied her plea, stating that she was a “stranger to the child.”
Despite this setback, the case is set to be revisited by a bench comprising Justices BV Nagarathna and Saish Chandra Sharma. The court has directed that the child be presented in court during the next hearing on January 20.
Pawan Kumar Modi, Atul Subhash’s father, expressed his concerns regarding the welfare of his grandson following the bail of Nikita Singhania and her family members.
“I am worried about my grandson and where he is. We have received some information from the Karnataka police about our grandson… The mother (Nikita Singhania) has no love for the child. She is using him as an ATM to extort money.”
Earlier in January, Nikita Singhania, along with her mother Nisha Singhania and brother Anurag Singhania, was granted bail in connection with Atul Subhash’s suicide case. The bail decision has faced objections from Atul’s parents, who allege that Nikita is misusing her position as the child’s mother to gain financial benefits.
Child Custody Dispute
Advocate Kumar Dushyant Singh, representing Anju Devi, argued that the child, who is under six years of age, should not be kept in a boarding school. During the last hearing, the counsel for Nikita Singhania informed the court that the child is currently studying at a boarding school in Haryana.
Singh countered this by presenting photos that showed Atul Subhash’s parents meeting their grandson when he was much younger.
Singh emphasized-
“A child below six years of age should not be sent to a boarding school.”
He also alleged that Nikita Singhania had deliberately concealed the child’s location, complicating efforts by the grandparents to maintain contact.
Supreme Court’s Directive
The apex court acknowledged the sensitive nature of the case and directed that the child be presented in court for the January 20 hearing.
The bench stated that the matter could not be resolved based on media reports, urging both parties to refrain from public commentary.
Click Here to Read Previous Reports on Atul Subhash Suicide
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