New Delhi:The mother of Atul Subhash, the Bengaluru engineer who died by suicide on December 9, has filed a plea in the Supreme Court seeking custody of her four-year-old grandson.
The matter came up before a bench comprising justices BV Nagarathna and Justice N Kotiswar Singh. The apex court has issued notices to Uttar Pradesh, Haryana, and Karnataka governments. The bench has scheduled the matter for further hearing on January 7. Subhash left behind video and written notes alleging harassment and false accusations from his wife and in-laws.
Subhash’s mother Anju Devi has filed a habeas corpus petition to secure the custody of her grandson whose whereabouts are unknown. Devi moved the apex court through advocate Kumar Dushyant Singh and she was represented by senior advocate Gaurav Agarwal before the bench led by Justice Nagarathna.
Devi, in the petition, contended that she is seeking issuance of a writ in the nature of habeas corpus to the respondent police authorities to trace and produce her grandson aged about 4 years and 9 months from the illegal custody of whomever at the instance of his mother Nikita Singhania, Atul’s wife.
The plea contended that the petitioner’s grandson was deliberately kept away from the reach of his biological father by the mother to cause severe mental agony to him. The plea submitted that Atul suffered severe mental harassment and cruelty at the hands of his wife.
The petition claims that neither Subhash's estranged wife Nikita Singhania, nor her family members - currently in custody - have disclosed the child's whereabouts.
“It is submitted that whilst the matter stands thus, where the biological father and natural guardian of the subject corpus…..is no more and his biological mother is under arrest and is in custody including the maternal grandmother who is also under arrest and in custody, the petitioner who is the paternal grandmother of the child has approached this court by way of this petition fearing for the life and liberty of the said child whose whereabouts are unknown”, said the plea.
Nikita Singhania, along with her mother Nisha Singhania and brother Anurag Singhania, was arrested on December 16. Karnataka Police, citing evidence from the suicide note and video left by Subhash, charged them with abetment of suicide. They are currently in judicial custody.
Atul’s mother said in all possibilities, the chances of the mother of the child having kept him in detention in unknown’s custody, who is not entitled for the custody of the child.
“It is submitted that, that apart the mental well-being of the subject child of tender age has to be given utmost importance in the present facts and circumstances of the case where its father is no more and the mother is arrested by the Respondent Police and the Petitioner is best suited therefore to have the custody of the subject child”, said the plea.
Atul's father, Pawan Kumar, has also publicly demanded custody of the child. Atul's family has alleged that Nikita and her family harassed him with false legal cases and demands for money.
