'Stranger to child': Supreme Court denies Atul Subhash's mother custody of his minor son

'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 bench.

New Delhi: The Supreme Court has denied for now custody of the child of deceased Bengaluru techie Atul Subhash to his grandmother, observing she was a 'stranger' to him and can apply for guardianship according to appropriate legal proceedings.

The death of Atul Subhash by suicide on December 9, has triggered outrage over the misuse of dowry laws.

Dealing with habeas corpus plea filed by his mother Anju Devi, a bench led by Justice B V Nagarathna said the child is a stranger to his grandmother and made it clear that Singhania is yet to be proven guilty and the matter cannot be decided on the basis of a media trial.

The court was informed that the four-year-old child was at a boarding school in Haryana's Faridabad.

In a video message, Subhash accused his wife Nikita Singhania and her family members of harassing him and his parents by filing false cases against them.

Singhania’s counsel submitted that the child would be taken to Bengaluru where he can stay with his mother, Nikita, who along with her mother Nisha and brother Anurag are facing an abetment to suicide case and are currently out on bail.

Singhania’s counsel submitted that in order to fulfil bail conditions, the mother has to remain in Bengaluru. The counsel said the family has taken the boy out of the boarding school and they will take the child to Bengaluru.

The bench, also comprising Justice Satish Chandra Sharma, orally observed that the child must be produced in court during the next hearing.

Devi’s counsel argued that his client was the grandmother of the child and she should be given his custody while stressing that the boy was only four-year-old, and he should not be sent to a boarding school.

Singhania’s counsel submitted that the boy was enrolled in a Faridabad boarding school and was there during the arrest of his mother. The apex court emphasised that Singhania is yet to be proven guilty and the matter cannot be decided on the basis of a "media trial".

The bench observed that the child has not spent a lot of time with his grandmother.

"Sorry to say but the child is a stranger to the petitioner," the bench said. Subash’s mother’s counsel said they have pictures of their client interacting with the child when he was two years old. However, the bench did not grant interim relief to the petitioner regarding meeting with her grandson.

The apex court said the child custody issue would have to be taken up in the appropriate court where the trial is on. The court sought an affidavit from the Haryana government and the child's mother in connection with the child’s custody and fixed the matter for a next hearing on January 20.