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INDIA
Justice BV Nagarathna and Justice SC Sharma delivered the verdict - in response to a plea by Anju Devi, Mr Subhash's mother, who sought the four-year-old boy's custody - after speaking to the child via a video link.
Despite techie Atul Subhash’s accusations of harassment, the Supreme Court ruled the custody of his son in favour of his wife Nikita Singhania. The court highlighted that the charges against Singhania are yet to be proven and cannot be used to determine the custody decision.
Justice BV Nagarathna and Justice SC Sharma delivered the verdict - in response to a plea by Anju Devi, Mr Subhash's mother, who sought the four-year-old boy's custody - after speaking to the child via a video link.
As the hearing commenced, the petitioner requested a week's extension to submit a more detailed affidavit. However, Justice Nagarathna promptly dismissed the request, emphasizing the urgency of the matter. "This is a habeas corpus petition," she stated. "We want to ensure the child's safety. Produce the child before us, and we will proceed with the case accordingly."
Atul Subhash and Nikita Singhania married in 2019 and welcomed a son in 2020. However, their relationship took a tumultuous turn in 2021 when Nikita left their Bengaluru home following an altercation. The prolonged and bitter dispute tragically ended on December 9, when Atul died by suicide at his Bengaluru residence.
In a detailed 81-minute video and a 24-page suicide note, Atul alleged that Nikita and her family had filed false cases against him and his parents in an attempt to extort Rs 3 crore. For those unversed, Nikita also filed a case against Atul and his family members in 2022.
Nikita Singhania and her family members face charges of abetting the suicide of her husband, Atul Subhash. After her arrest, Atul's mother, Anju Devi, petitioned the Supreme Court for custody of her grandson, citing concerns about the child's whereabouts.
The court intervened, directing three state governments to investigate. Noting that the child had little contact with his grandmother, the court suggested that custody issues should be addressed by a lower court.