‘Give custody of my child to my parents who can raise him with better values’, this was one of last wishes the late 34 year old software engineer, Atul Subhash from Uttar Pradesh stated in his suicide letter before commiting the extreme step in his residence in Marathahalli, Bengaluru due to the harassment of his wife and her family. But it seems, the Indian laws that are meant to discriminate against men are in no mood to uphold Atul Subhash’s last wish. On Tuesday, January 7, the Supreme Court of India dismissed the plea from Atul Subhash’s mother, seeking custody of her 4-year-old grandson.
The bench ruled that since one parent, Nikita Singhania, was still alive, the grandmother was “virtually a stranger” to the child. The court further emphasized that the child had no familiarity with Subhash’s mother, reinforcing the notion that custody decisions should prioritise the child’s comfort and emotional bonds.
Also Read: This Week in Focus: These Steps Are Necessary To Avoid Another Atul Subhash Tragedy
Subhash’s parents had raised concerns about their grandchild’s safety, fearing harm if Nikita Singhania regained custody. However, the Supreme Court clarified that these fears could not justify awarding custody without following the appropriate legal procedure. The bench also cautioned against labeling Singhania as guilty before a court trial, reminding Subhash’s mother that guilt could only be determined by the court, not the media.
Nitika Singhania, who was arrested along with her mother and brother on December 14 for their alleged involvement in Atul Subhash’s suicide, was granted bail by a Bengaluru court on Saturday.
Atul Subhash left 24-page detailed suicide note exposing lacunas in the Indian legal system and its anti-Men stance
On 9th of December, Atul Subhash committed suicide in his apartment due to the alleged harassment of his wife and her family. Atul’s wife has charged him with a total of nine cases against him in Uttar Pradesh, charging him with murder attempts and dowry harassment.
Atul left behind a 24 page detailed death note where he detailed the harassment he went through accusing five individuals, including a family court judge Reeta Kaushik and his wife Nikita Singhania, of driving him to despair. He also uploaded a 1 hour 21 minutes long video with the caption “This ATM is closed permanently. A legal genocide is happening in India” where he touched upon the events that uncovered during recent months which compelled him to take the extreme step.
