NEW DELHI: The Supreme Court on Monday granted custody of the four-year-old son of the Bengaluru-based techie, Atul Subhash, who allegedly died by suicide in December, to his estranged wife, Nikita Singhania.
SC Prioritizes Child’s Well-Being, Grants Custody to Mother
In a setback to the family of the deceased, the top court dismissed the plea moved by Anju Devi, the mother of Subhash, seeking a direction for the custody of her grandson. She has filed a habeas corpus petition in this regard.
"We are not entertaining the plea of the grandmother (of the four-year-old child)," a bench of Justices B V Nagarathna and Justice Satish Chandra Sharma said.
Bengaluru Techie’s Death Sparks Custody Battle, SC Rules in Favor of Mother
Before passing the order, the bench had a brief interaction with the child via video link.
The court noted that the boy had spent minimal time with his grandmother and thereby, should remain with his mother, considering his best interests and well being.
"We direct that the child's custody should be with the mother at present," the top court said.
At the outset, the petitioner sought a week's time to file a more detailed affidavit in the matter.
However, the bench made it clear that the court is not willing to entertain any such request.
"This is a habeas corpus (petition), we want to see the child, produce the child," the bench told the parties.
The court said it will take up the matter after sometime.
The counsel appearing for Singhania said he would produce the child within 30 minutes. After a break of 45 minutes, the boy appeared on a video link, at that time the court went offline.
On January 7, while dealing with habeas corpus plea filed by his mother Anju Devi, the bench had said the child is a stranger to his grandmother and made it clear that Singhania is yet to be proven guilty and the matter cannot be decided on the basis of a media trial.
The death of Subhash triggered massive outrage across the country over misuse of dowry prohibition laws.
He left behind video and written notes alleging harassment and false accusations from his wife and in-laws,
His mother Anju Devi sought the custody of her grandson whose whereabouts were then unknown following the arrest of her daughter in law and her family members.
