"Want To See Child": Supreme Court On Battle For Techie Atul Subhash's Son

The Supreme Court on Monday afternoon directed that the four-year-old son of Atul Subhash - the Bengaluru techie who died by suicide December - and Nikita Singhania - his estranged wife, whom he had accused of harassment leading to his death - be produced before it within 30 minutes.

Justice BV Nagarathna and Justice SC Sharma directed Ms Singhania's lawyer produce the child via a video link. They were hearing a plea by Anju Devi, Mr Subhash's mother, seeking custody of the boy.

As the hearing began today, the petitioners sought a week's time to file a more detailed affidavit. But Justice Nagarathna dismissed any such request, and said, "This is a habeas corpus (petition)... we want to see the child. Produce the child. The court will take up the matter after some time..."

This is the second time in as many hearings the court has demanded to see the boy.

Earlier this month Ms Singhania told the court the boy was a student of a boarding school in Haryana's Faridabad, and that he would be withdrawn to accompany his mother to Bengaluru.

READ | Court's "Stranger" Remark As Atul Subhash's Mom Wants Grandson

"We will take the child to Bengaluru... We have taken the boy out of school. The mother must be in Bengaluru to fulfill bail conditions," her lawyer said then, after which a bench of Justice Nagarathna and Justice N Kotiswar Singh said the child had to be produced before it for the next hearing.

Ms Singhania and members of her family - her mother, Nisha; and brother, Anurag - face charges of abetting the suicide of Atul Subhash, 34. Both were arrested and later given bail.

READ | Atul Subhash's Wife, In-Laws Get Bail In Suicide Abetment Case

After Ms Singhania's arrest, Ms Devi approached the Supreme Court for custody of her grandson. Mr Subhash's father, Pawan Kumar, also publicly demanded custody of the young boy.

The petition claimed that neither Ms Singhania, nor her family members had disclosed the child's whereabouts. Ms Singhania had said then the boy was with her uncle, Sushil Singhania.

READ | Atul Subhash's Mother Goes To Court For 4-Year-Old Grandson

However, he later denied knowledge of the child's location. The court then directed the governments of three states - Karnataka, Uttar Pradesh, and Haryana - to provide clarity on the situation.

The court then also noted the boy had spent barely any time with his grandmother.

"Sorry to say the child is a stranger to the petitioner," Justice Nagarathna remarked, but also acknowledging the issue of custody would first have to be heard by an appropriate lower court.

Atul Subhash and Nikita Singhania were wed in 2019. The son was born in 2020. In 2021, Ms Singhania left the couple's Bengaluru home after an altercation. In 2022, she filed a case against Mr Subhash and his family members.

After two years of bitter squabbles, Mr Subhash died by suicide at his Bengaluru flat on December 9.

In an 81-minute video and a 24-page suicide note, he accused Ms Singhania and her family of filing false cases against him and his parents to extort Rs 3 crore.

READ | "I Started Saving For Your Car": Atul Subhash's Letter To Son, 4

He also alleged the justice system is biased to favour women in such cases. The incident triggered outrage and debate on the misuse of laws created to protect women from cruelty by husband or in-laws.

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