'Stranger to child': SC denies Atul Subhash's mother custody of his minor son

The Supreme Court on Tuesday denied the mother of Atul Subhash, Bengaluru techie who died by suicide in 2024, his minor son's custody saying she was "stranger to the child".

A bench of Justices Bela M Trivedi and N Kotiswar Singh said the issue of the child's custody could be raised before the court conducting the trial.

"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," said the bench.

Subhash, 34, who was found hanging at his house in Bengaluru’s Munnekolalu on December 9, 2024, purportedly left behind lengthy messages, blaming his wife and in-laws for taking the extreme step.

The top court was hearing a habeas corpus petition filed by Anju Devi, Subhash's mother, seeking custody of her four-year-old grandson.

During the hearing, the top court was informed by the counsel appearing for Subhash's estranged wife Nikita Singhania that the child was studying at a boarding school in Haryana.

"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," submitted the counsel.

Advocate Kumar Dushyant Singh, representing Devi, sought the child's custody and alleged her estranged daughter-in-law had kept child’s location under wraps.

He argued a child below six years of age should not be sent to a boarding school and relied on photos to show the petitioner interacting with the child when he was only a couple of years old.

The apex court directed the child to be produced in court on the next hearing on January 20, and said the case couldn't be decided on the basis of a media trial.

A Bengaluru court on January 4 granted bail to Subhash’s estranged wife, her mother Nisha Singhania and brother Anurag Singhania, in the suicide abetment case.

Following his death, an FIR was registered in Bengaluru against Nikita and her family under Sections 108 (abetment of suicide) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023.