The Supreme Court of India rejected the plea of Anju Devi, mother of Atul Subhash, a techie from Bengaluru who ended his life in December 2023. Atul had alleged that his wife Nikita and her family had been harassing him and his parents by filing false cases against them. 

The court, in its judgment delivered on Tuesday, ruled that Anju Devi was a "stranger" to the child and advised her to seek guardianship of her grandson through the proper legal process.

Atul Subhash case

Atul Subhash died after he had accused his wife, Nikita, along with her mother Nisha and brother Anurag, of harassing him and his parents severely. In his last breath, he accused them of inflicting unbearable emotional torture by filing false cases. Nikita, Nisha, and Anurag are presently under charges of abetment to suicide, though they are out on bail. The tragic incident brought to the fore the troubled relationship and the accusations of abuse that had been building up over time.

Custody of Atul's Son

Anju Devi, Atul's mother, went to the Supreme Court in search of her grandson who was born in February of 2020. She had filed a habeas corpus case stating that Nikita, her daughter-in-law, took the child away secretly. When the case was taken up for hearing, Nikita's lawyers were present in court. They told the court that the child was studying at a boarding school in Haryana and was going to be moved to Bengaluru.

The Karnataka government, in its affidavit submitted in the case, confirmed that the child was in Haryana school. Subsequently, the Supreme Court directed affidavits be filed by the lawyers of Nikita and Haryana government in relation to details about the current whereabouts and welfare of the child. The matter has been posted, and next hearing is slated on January 20, 2025.

While Anju Devi had shown her desire to reunite with her grandson, the court ruled that the custody of the child would go to the mother because she was alive and capable of raising him. The bench, comprising Justices BV Nagarathna and Satish Chandra Sharma, said that the paternal grandmother, Anju Devi, was free to meet the child but would have to follow the legal procedure under the Guardians and Wards Act to obtain guardianship. The court also noted that the safety and well-being of the child should be paramount in any future litigation.

The last time the case was heard was on December 20, 2024, and the Supreme Court expressed concern over the child's safety and well-being, leading to the present legal steps.