The mother of Atul Subhash, the Bengaluru engineer who died by suicide on December 9, has filed a petition in the Supreme Court requesting custody of her four-year-old grandson. Subhash left behind video and written notes accusing his wife and in-laws of harassment and false allegations.
Anju Modi has filed a habeas corpus petition to obtain custody of her grandson, whose whereabouts remain unknown. The petition alleges that neither Subhash's estranged wife, Nikita Singhania, nor her family members—currently in custody—have provided any information about the child's location.
According to reports, Nikita informed the police that the boy was enrolled in a boarding school in Faridabad and was under the custody of her uncle, Sushil Singhania. However, Sushil has denied any knowledge of the child's whereabouts.
A bench consisting of Justice BV Nagarathna and Justice N Kotiswar Singh has issued notices to the governments of Uttar Pradesh, Haryana, and Karnataka, seeking clarification on the ongoing case. The next hearing is set for January 7.
The case has led to multiple arrests in connection with Subhash's suicide. On December 16, Nikita Singhania, her mother Nisha Singhania, and her brother Anurag Singhania were arrested. Karnataka Police, based on evidence from Subhash's suicide note and video, charged the trio with abetment of suicide. They are currently in judicial custody.
Anju Modi, in her petition, claims that the Singhania family has obstructed efforts to locate the child. Subhash's father, Pawan Kumar, has also publicly demanded custody of the boy.
In response, the Singhania family is defending themselves in court. Senior counsel Manish Tiwary, representing Nikita’s uncle Sushil Singhania in the Allahabad High Court, argued for anticipatory bail. The appeal highlighted his advanced age (69) and health issues, suggesting that the abetment charges were exaggerated and amounted to harassment. Justice Ashutosh Srivastava granted pre-arrest bail to Sushil, with strict conditions, including a ₹50,000 personal bond, mandatory availability for police questioning, and the surrender of his passport.
Subhash's family has accused Nikita and her relatives of harassing him with false legal cases and financial demands. Pawan Kumar and his son, Bikas Kumar, have vowed not to immerse Subhash's ashes until justice is served.
"The others behind this incident should also be arrested. We will not get justice till all false cases registered against us are withdrawn. We will not immerse the ashes of my brother till we get justice. Our fight will continue," Bikas Kumar said.
The family also expressed concerns about the child's safety.
"I am equally concerned about my nephew (son of Subhash). His safety is a matter of serious concern for us. We have not seen him in recent photographs. I want to know his whereabouts through the media. We want his custody as early as possible," he added.
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