Supreme Court Denies Atul Subhash’s Mother Custody Of His Minor Son

The Supreme Court of India has directed that issues regarding the custody of a 4-year-old boy, son of Bengaluru techie Atul Subhash who died by suicide in 2024, should be addressed by the court handling the trial.

A bench of Justices Bela M Trivedi and N Kotiswar Singh dismissed the plea by Anju Devi, Subhash’s mother, seeking custody of her grandson. The court emphasized that a separate legal procedure exists for such matters.

During the hearing, the court remarked that the petitioner had not been in close contact with the child. “It’s unfortunate, but the petitioner is a stranger to the child. If you want custody, you must follow the established legal process,” said the bench.

The case relates to the death of 34-year-old Atul Subhash, who was found hanging in his home in Bengaluru’s Munnekolalu locality on December 9, 2024. In his final messages, both in video and written form, Subhash accused his estranged wife, Nikita Singhania, and her parents of harassment. Following this, the police arrested Singhania and her family members on charges of abetment to suicide. They were later released on conditional bail.

During the proceedings, Singhania’s lawyer informed the court that the child had been enrolled in a boarding school in Faridabad, Haryana. “The mother reached Faridabad yesterday and took the child into her care. She intends to take him to Bengaluru, as she is required to stay there to comply with her bail conditions,” said the counsel.

The grandmother’s advocate, however, raised concerns about the child being placed in a boarding school at such a young age. He argued that children below six years of age need family care, adding that Devi last saw her grandson when he was 2.5 years old. He urged the court to consider awarding her custody.

In response, the court expressed its reluctance to alter the current arrangement, stating, “The child needs familiarity and stability. A young child is best cared for by their parents or, in the absence of both, by at least one parent.”

The court also cautioned against drawing conclusions from public narratives. “This is a legal matter, not something to be determined by media discussions. Only the court can decide guilt or innocence,” said the bench.

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

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