The Supreme Court declined to grant custody of a 4-year-old boy to his paternal grandmother, Anju Devi, in a habeas corpus case concerning the child of Atul Subhash, a Bengaluru techie who died by suicide. Subhash's mother sought custody of her grandson, arguing that she had not seen him since he was 2.5 years old. However, the court emphasized that the grandmother was "virtually a stranger" to the child, adding that custody should ideally remain with a parent unless proven otherwise.
The case arose after Subhash's suicide, in which he alleged harassment by his estranged wife, Nikita Singhania, and her family. Nikita and her mother and brother were subsequently arrested on charges of abetment but were granted conditional bail last week. During the hearing, Nikita's counsel revealed that the child had been staying at a boarding school in Faridabad during her arrest and was now in her custody. The court directed that the child be produced at the next hearing on January 20.
The bench acknowledged the grandmother's desire to reconnect with her grandson but cautioned that immediate custody could disrupt the child's well-being, stating that the child must remain with at least one parent in the absence of both. The court further emphasized that Nikita was yet to be proven guilty and urged all parties to avoid conclusions based on a "media trial," highlighting the importance of a judicial process.
While Anju Devi was not granted custody, the court allowed her to meet her grandson, signaling a willingness to facilitate contact between the child and his paternal family. The case will be reviewed further during the upcoming hearing.
