Atul Subhash suicide case: SC grants son's custody to estranged wife Nikita Singhania
The Supreme Court ruled that the minor son of Bengaluru techie Atul Subhash will remain in the custody of his estranged wife, Nikita Singhania, despite serious allegations against her. The court emphasized the child's best interests and stability, dismissing his grandmother’s petition for custody.
FollowThe Supreme Court of India decided that the custody of the minor son of Bengaluru techie Atul Subhash, who tragically took his own life in December, will remain with his estranged wife, Nikita Singhania. This decision came after the court dismissed a petition filed by Subhash's mother, Anju Devi, who sought custody of her grandson.
The Supreme Court's bench, consisting of Justices B.V. Nagarathna and S.C. Sharma, took the step of interacting with the child via video conference before making their decision. The court noted that Anju Devi, who is based in Uttar Pradesh, was not well-acquainted with the child, indicating a lack of familiarity between the two. The judges also expressed concern about maintaining stability in the child's life, which they believed would be best achieved by leaving him in his mother's custody.
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Earlier, Anju Devi had raised concerns about the child's wellbeing, arguing that he should not be kept in a boarding school. However, the court disagreed, pointing out that Nikita Singhania, despite the ongoing legal issues surrounding the case, had not been proven guilty of any crime. The court emphasized that decisions should not be based on media reports or accusations before a formal trial.
Atul Subhash, a 34-year-old software engineer, was found dead in his Bengaluru apartment on December 9, 2024. Before his tragic death, Subhash left behind a 24-page note and an 81-minute video, accusing his wife and her family of harassing him through a series of legal battles. In his note, Subhash also alleged that his in-laws had demanded large sums of money to settle various cases.
Following Subhash's death, his brother, Bikas Kumar, filed a police complaint accusing Nikita, her mother Nisha, her brother Anurag, and her uncle Sushil of abetting his suicide. The police charged them under the Indian Penal Code for abetment of suicide, after they allegedly demanded ₹3 crore to withdraw the cases against Subhash, along with ₹30 lakh to grant him visitation rights to see his son.
Nikita Singhania was arrested in Gurugram on December 15, while her mother and brother were arrested in Allahabad, Uttar Pradesh, on the same day. The trio was granted bail by a Bengaluru court on January 4, 2025.
The legal battle over the custody of the child began soon after Atul's death, with his mother filing a petition in the Supreme Court. The court initially issued a notice to the states of Uttar Pradesh, Haryana, and Karnataka to locate the child and determine his condition. Despite Anju Devi’s appeal to grant her custody, the bench ultimately ruled in favour of Nikita Singhania, after interacting with the child privately.
Bengaluru techie suicide: Atul Subhash's mother seeks grandson's custody, moves SC
During the proceedings, the court made it clear that the child's interests would be prioritized and that custody decisions should not be based solely on accusations or media speculation. The judges also emphasized that Nikita had been the child's primary caregiver for the majority of his life and that removing him from her custody could be disruptive.
Atul and Nikita were married in 2019, but their relationship deteriorated in the years that followed, culminating in their separation in 2021. The couple's legal battles involved allegations of dowry harassment, domestic violence, and claims of abuse by both sides.
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