Father’s Tragic Farewell: Supreme Court Grants Custody of Atul Subhash’s Son to His Mother

New Delhi: The Supreme Court has ruled that the four-year-old son of late Bengaluru techie Atul Subhash will remain in the custody of his mother, Nikita Singhania. The decision comes amid an ongoing legal battle following Mr. Subhash’s tragic suicide in December last year, in which he had accused his estranged wife and her family of harassment.

The verdict was delivered by a bench comprising Justice BV Nagarathna and Justice SC Sharma. The court made the decision after speaking to the child via a video link. The plea for custody had been filed by Anju Devi, the mother of Mr. Subhash, who sought to take care of her grandson.

As the proceedings began, Ms. Devi’s counsel requested additional time to submit a more detailed affidavit. However, Justice Nagarathna refused the request, emphasizing the urgency of the matter. She directed that the child be presented before the court for direct interaction.

After a brief recess, the child appeared on a video link, at which point the court went offline, ensuring the minor’s identity remained protected.

Earlier this month, Ms. Singhania had informed the court that the child was studying at a boarding school in Faridabad, Haryana, and that she intended to withdraw him from school and take him to Bengaluru. She stated that her relocation was necessary to comply with the conditions of her bail.

Ms. Singhania, along with her mother Nisha and brother Anurag, is facing charges of abetting Atul Subhash’s suicide. They were arrested following the incident but were later granted bail.

Following Ms. Singhania’s arrest, Mr. Subhash’s parents—Anju Devi and Pawan Kumar—petitioned the Supreme Court for custody of the boy. They claimed that Ms. Singhania and her family had withheld information about the child’s whereabouts. Initially, Ms. Singhania claimed the child was staying with her uncle, Sushil Singhania, but he later denied knowledge of the child’s location. This prompted the court to seek intervention from the governments of Karnataka, Uttar Pradesh, and Haryana to clarify the situation.

During the hearing, the court observed that the boy had spent minimal time with his paternal grandmother. Justice Nagarathna remarked, “Sorry to say, but the child is a stranger to the petitioner,” while acknowledging that further custody hearings should take place in an appropriate lower court.

Atul Subhash and Nikita Singhania married in 2019, and their son was born in 2020. However, in 2021, following an altercation, Ms. Singhania moved out of their Bengaluru home and later filed legal complaints against Mr. Subhash and his family. After two years of legal disputes, Mr. Subhash died by suicide in his Bengaluru apartment on December 9, 2024.

In a harrowing 81-minute video and a 24-page suicide note, Mr. Subhash accused his wife and in-laws of filing false cases to extort Rs. 3 crore from him and his family. He also expressed frustration over the legal system, claiming it was biased in favor of women in matrimonial disputes.

His death sparked widespread outrage and renewed debates over the misuse of laws meant to protect women from domestic abuse. While the Supreme Court’s ruling settles the immediate custody issue, legal battles over allegations and counterclaims between the two families are expected to continue in lower courts.

 

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