The Supreme Court on Tuesday declined to grant custody of a four-year-old boy to his paternal grandmother, stating that she was "virtually a stranger to the child." The boy is the son of Atul Subhash, a Bengaluru-based tech professional who died by suicide last month.

The court was hearing a habeas corpus petition filed by Atul’s mother, Anju Devi, seeking custody of her grandson. During the hearing, Atul’s estranged wife, Nikita Singhania, revealed for the first time that the child had been staying at a boarding school in Faridabad, Haryana, during her arrest. Nikita also informed the court that the child would soon be taken to Bengaluru to meet her.

Nikita’s counsel told the bench that she had already taken custody of the boy from the boarding school. "He is in my custody. Yesterday, I went to Faridabad and brought him back," the counsel said.

The court, while directing that the child be produced at the next hearing, noted that the grandmother had not been in regular contact with the boy. "He doesn’t know you at all. You are virtually a stranger to the child, with no familiarity," the court remarked. However, the court permitted Anju Devi to meet her grandson.

The bench emphasized that a child’s welfare requires them to be with their parents. "The child has to be with his parents. If not both, then at least one parent," it said, adding that Nikita Singhania’s guilt in the case was yet to be proven and should not be determined by public opinion. "This is not a media trial. Only the court can declare a person guilty," the bench said.

Atul Subhash had taken his own life last month, alleging harassment by his wife and her family in a note. Following his death, Nikita, along with her mother and brother, was arrested on charges of abetment to suicide. The three were granted conditional bail last week.

The matter has been scheduled for further hearing on January 20.