
The custody of a four-year-old boy, the son of Bengaluru techie Atul Subhash, who died by suicide in December, and his estranged wife Nikita Singhania, will remain with his mother, the Supreme Court ruled on Monday, according to an NDTV report.
The decision came after a bench of Justices BV Nagarathna and SC Sharma spoke with the child via a video link. The case revolved around a plea filed by Anju Devi, the boy's grandmother and Atul Subhash's mother, who had sought custody of her grandson, the report said.
During the hearing, the petitioner requested a week to submit a detailed affidavit. However, Justice Nagarathna denied the request, stating, "This is a habeas corpus petition. We want to see the child. Produce the child. The court will take up the matter after some time," NDTV reported.
After a 45-minute break, the child appeared via video link. To safeguard his identity, the court went offline except for the child’s link.
The custody battle stems from allegations of harassment that Atul Subhash levelled against his estranged wife, claiming it drove him to end his life.
Earlier this month, Nikita Singhania informed the Supreme Court that the boy was a student at a boarding school in Faridabad, Haryana, but would be withdrawn to accompany her to Bengaluru.
"We will take the child to Bengaluru... We have taken the boy out of school. The mother must be in Bengaluru to fulfil bail conditions," her lawyer told the court. Following this, a bench of Justice Nagarathna and Justice N Kotiswar Singh directed that the child be produced for the next hearing.
Singhania, along with her mother Nisha and brother Anurag, faces charges of abetting the suicide of her estranged husband, Atul Subhash. They were arrested and subsequently granted bail.
After Nikita Singhania's arrest, Atul Subhash’s mother, Anju Devi, approached the Supreme Court seeking custody of her grandson. Meanwhile, Mr Subhash’s father, Pawan Kumar, also demanded custody publicly.
The petition alleged that Singhania and her family had failed to disclose the child's whereabouts. Singhania initially claimed the boy was with her uncle, Sushil Singhania, but he later denied knowledge of the child's location. The court then asked the Karnataka, Uttar Pradesh, and Haryana governments for clarity on the situation.
The court noted the boy had spent minimal time with his grandmother, with Justice Nagarathna remarking, “Sorry to say, the child is a stranger to the petitioner.” The bench clarified that custody would ultimately need to be determined by an appropriate lower court.
Subhash and Singhania, married in 2019, had their son in 2020. Nikita Singhania left their Bengaluru home in 2021 following an altercation and filed a case against Subhash and his family in 2022.
After two years of disputes, Atul Subhash died by suicide on December 9 at his Bengaluru residence. In an 81-minute video and a 24-page suicide note, he accused Singhania and her family of extortion and filing false cases to demand Rs 3 crore. He also criticised the justice system for being biased in favour of women, sparking debates about the misuse of laws designed to protect women.