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The Supreme Court of India delivered a significant ruling on Tuesday, denying the maternal grandmother custody of her four-year-old grandson, the child of Atul Subhash, a Bengaluru techie who died by suicide in December 2024. The court's decision hinged on the assertion that the grandmother, Anju Devi, was essentially a stranger to the child, highlighting the limited interaction and relationship the child had with her. This stark declaration underscores the complexities of custody battles involving deceased parents and the stringent standards courts often apply in such emotionally charged situations. The court's rationale was rooted in the perceived lack of a significant bond between the child and the petitioner, a factor considered crucial in determining the child's best interests. The decision raises important questions about the legal framework governing custody disputes in cases where parental bonds are severed by death and the existing familial relationships are tenuous.
The case hinges on the tragic death of Atul Subhash, whose suicide note reportedly implicated his wife, Nikita Singhania, and her family. Subhash's death prompted an FIR against Nikita and her relatives under Sections 108 (abetment of suicide) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023. This legal action further complicates the custody battle, placing the child at the center of a complex web of legal proceedings. The estranged wife's counsel informed the court that the child is currently enrolled in a boarding school in Haryana, a detail that contributed to the court's apprehension about handing over custody to the grandmother. The court's concern about the child's current stability and the potential disruption of removing him from his established environment likely played a significant role in the decision.
Advocate Kumar Dushyant Singh, representing Anju Devi, argued fervently for the grandmother's right to custody. He emphasized the child's young age (four years old) and presented evidence, including photographs, illustrating interactions between the grandmother and the child when he was younger. Singh's argument centered on the belief that a child of that age should not be enrolled in a boarding school and that the grandmother's claim should be given strong consideration. However, the court remained unconvinced. The fact that the child's current whereabouts had been kept undisclosed further fueled the court's decision to not grant custody to the grandmother, strengthening its position that the child was indeed a stranger to her. The court's decision to order the child's production in court on January 20th suggests a desire to thoroughly assess the situation before issuing any further orders.
The Supreme Court's decision to dismiss the habeas corpus petition emphasizes the court's commitment to focusing on the child's best interests. While the grandmother’s desire for custody is understandable, the court clearly prioritized the existing circumstances and the child's current environment. The court's statement, 'Sorry to say but the child is a stranger to the petitioner,' speaks volumes about the level of interaction deemed necessary to justify custody. This ruling underscores the significant bar that must be cleared to gain custody in such sensitive situations, suggesting that mere familial ties might not suffice. It sets a precedent that emphasizes the need for demonstrably strong bonds and the capacity to provide a stable environment for the child’s wellbeing.
The case highlights the intricate legal and emotional challenges involved in custody disputes following a parent's death, especially when allegations of criminal wrongdoing are present. The court’s decision to leave the matter open until the next hearing suggests a desire to avoid a rushed judgment and to gather more comprehensive information. The interplay of legal processes—the ongoing suicide abetment case and the habeas corpus petition—adds another layer of complexity. The eventual outcome will not only affect the child's immediate future but will also likely set a precedent for future cases involving similar circumstances. The court's emphasis on ensuring a fair process underscores its commitment to safeguarding the child's best interests, a paramount concern in all custody cases.
Source: 'Stranger to child': SC denies Atul Subhash's mother custody of his minor son