The Supreme Court on Monday dismissed the plea of Atul Subhash’s mother for his custody. She had filed it against the states of Uttar Pradesh, Haryana, and Karnataka to trace the whereabouts of the child. Nikita Singhania, separated from her husband Atul Subhash, stayed in Gurugram, Haryana, while Subhash worked in Bengaluru. The estranged couple engaged in a legal battle over divorce, alimony, and child custody. Subhash’s family, including his mother, sought custody of the child, claiming that Nikita was keeping him away.
Atul Subhash, a 34-year-old software engineer, had taken his life in December. His suicide note and video accused his wife, Nikita Singhania, and her family of harassment. He stated that they had filed false cases against him, driving him to commit suicide. The video and suicide note sparked a huge debate on social media, with demands raised for action against Nikita and her family. Nikita Singhania, with whom the four-year-old child was staying, was at the center of the controversy. A Bench headed by Justice BV Nagarathna and comprising Justice Satish Chandra Sharma interacted with the child before concluding that he stayed with his mother.
The Court dismissed the grandmother’s petition seeking custody of the child, stating that it would not entertain the plea. The grandmother had earlier raised objections regarding her daughter-in-law’s failure to disclose the whereabouts of the child.
Bengaluru police filed an FIR under sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for abetment of suicide and criminal act with a common intention. The Bengaluru police arrested Nikita, along with her mother and brother, although the court eventually granted them bail in Bengaluru. The case has raised important questions regarding harassment and legal battles within family disputes, especially in the context of marital disputes over divorce and child custody.
