'Stranger to boy': SC denies grandchild's custody to Atul Subhash's mother

The Supreme Court has rejected the custody plea of the four-year-old boy's paternal grandmother, citing her lack of familiarity with the child

The Supreme Court on Tuesday declined to grant custody of the four-year-old boy of Atul Subhash, who died by suicide alleging harassment by his estranged wife and her family members, to his paternal grandmother, citing her lack of familiarity with the child, reported India Today.

 

The boy is currently in the care of his mother, Nikita Singhania, as legal proceedings over custody unfold.

 

The case arose from a habeas corpus plea filed by Subhash’s mother, Anju Devi, seeking custody of her grandson. Subhash’s death last month left behind allegations of harassment against his estranged wife, Singhania, and her family, intensifying the legal battle over the child.

 

Following Subhash’s death, Singhania and her family members were arrested on charges of abetment to suicide, but were granted conditional bail last week. During the proceedings, it was disclosed that the child had been staying at a boarding school in Faridabad, Haryana, while Singhania dealt with her legal challenges.

 

Court’s observations

 

The court firmly rejected Anju Devi’s request for custody, highlighting the child’s unfamiliarity with her. “He doesn’t know you at all. You are virtually a stranger to the child. You have no familiarity with him,” the court stated.

 

The bench further emphasised the importance of parental presence, observing, “The child has to be with his parents. If not both, then at least one parent.” The court cautioned against media influence, remarking, “It’s not a media trial. It’s a court trial which can pronounce a person guilty.”

 

Developments in the custody case

 

Singhania’s counsel informed the court that she had taken custody of the child from the boarding school on Monday and brought him back to Bengaluru. The bench directed that the child be presented during the next hearing, as the habeas corpus plea requires his presence to assess custody circumstances.

 

Meanwhile, Anju Devi’s lawyer argued that she last met her grandson when he was 2.5 years old and urged the court to consider her claim. However, the bench pointed to the significant gap in their relationship, advising that immediate custody would not serve the child’s best interests. “Don’t expect the child to be comfortable with you immediately,” the court said, alluding to the psychological needs of the boy amid the ongoing turmoil.  

 

The custody dispute remains unresolved, with the court scheduling the next hearing for January 20.