The Supreme Court on Monday ruled that the custody of a four-year-old boy, son of deceased Bengaluru techie Atul Subhash and his estranged wife, Nikita Singhania, will remain with his mother. The verdict came in response to a petition filed by the child’s paternal grandmother, Anju Devi, seeking custody of her grandson following her son’s death by suicide in December.

A bench comprising Justice BV Nagarathna and Justice SC Sharma announced the decision after speaking with the child via a private video link during the hearing. The court had earlier directed the boy to be presented, emphasizing the urgency of the matter.

Court Interaction and Decision

During the hearing, Justice Nagarathna rejected a request from the petitioner’s counsel for additional time to file an affidavit, stating, “This is a habeas corpus petition. We want to see the child.” After a brief adjournment, the boy was produced via video link, and the court ensured his privacy by restricting access to the feed.

The bench noted the boy had spent limited time with his grandmother and observed, “The child is unfamiliar with the petitioner.” It further stated that custody disputes should be addressed by the appropriate lower court.

Background of the Case

The custody battle unfolded after the tragic death of Atul Subhash, 34, who died by suicide on December 9 in his Bengaluru apartment. In a video and a lengthy note left behind, Mr. Subhash accused his estranged wife and her family of harassment, filing false cases, and extortion demands amounting to ₹3 crore.

Following Mr. Subhash’s death, Ms. Singhania and her family members, including her mother and brother, were arrested on charges of abetment to suicide. They were later released on bail.

Ms. Devi, Mr. Subhash’s mother, sought custody of her grandson, claiming the child’s whereabouts were initially concealed. Ms. Singhania had informed the court that the boy was enrolled in a boarding school in Faridabad, Haryana, but he was withdrawn to comply with her bail conditions.

The child’s location became a point of contention when Ms. Singhania’s uncle initially claimed custody but later denied knowledge of the boy’s whereabouts. This prompted the court to involve the governments of Karnataka, Uttar Pradesh, and Haryana to ensure clarity.

A Strained Marriage

Atul Subhash and Nikita Singhania were married in 2019, and their son was born the following year. Their relationship deteriorated in 2021 when Ms. Singhania left their Bengaluru home after a domestic dispute. Subsequently, she filed cases against Mr. Subhash and his family in 2022, leading to ongoing legal battles.

Mr. Subhash’s death and his allegations of systemic bias in marital disputes have sparked a broader conversation on the misuse of laws meant to protect women from cruelty.

The court’s decision to grant custody to Ms. Singhania has brought temporary closure to the custody matter, though further proceedings in the lower court may follow.