New Delhi: The Supreme Court on Tuesday said that the issue of custody of a four-year-old child of Atul Subhash, Bengaluru techie who died by suicide in 2024, could be raised before the court conducting the trial.
A bench of Justices Bela M Trivedi and N Kotiswar Singh refused to give techie's minor son's custody to the grandmother saying there is a separate procedure for it.
The bench while hearing a habeas corpus plea filed by Subhash's mother Anju Devi seeking the custody of her grandson remarked that she was a "stranger to the child".
"Sorry to say but the child is a stranger to the petitioner. If you wish, please visit the child. In case you want the custody of the child, there is a separate procedure," said the apex court.
The 34-year-old Subhash was found hanging at his house in Bengaluru's Munnekolalu on December 9, 2024, leaving behind video and written notes, alleging harassment by his estranged wife, Nikita Singhania, and his in-laws.
Later they were arrested on charges of abetting Subhash's suicide and granted conditional bail on Saturday.
During the hearing today, Singhania's counsel told the bench child was studying at a boarding school in Faridabad, Haryana.
"Yesterday, the mother reached Faridabad and took custody of the child from boarding school. We will take the child to Bengaluru. The mother has to remain in Bengaluru to fulfil the bail conditions," her counsel told the bench.
The counsel of the child's grandmother told the apex court that a child below six years of age should not be sent to a boarding school.
He said the grandmother last met her grandson when he was 2.5 years old and stressed that custody be given to Devi.
"Don't expect the child will be comfortable with you. The child has to be with his parents. If not both, then at least one parent," observed the bench.
The bench said the case couldn't be decided based on a media trial.
"It's not a media trial. It's a court trial which can pronounce a person guilty," added the top court while posting the matter for hearing on January 20.
