What Happens To Atul Subhash’s Son Now?

Atul Subhash’s case sent shockwaves across the country, leaving us all in a state of disbelief. Over the past couple of weeks, as the case is gradually unfolding, there has been a lot of online debate, and Atul’s family has expressed their concerns as the whereabouts of the child are still not known. The child’s grandmother, Anju Devi, filed a plea in the Supreme Court, asking for the child’s custody. Continue reading to know what happened next.

Atul Subhash’s Case 

Before we go any further, let’s recall what we know about the case till now. 

On December 9, 2024, Atul Subhash, a 34-year-old techie, ended his life after reportedly being harassed and blackmailed. Atul left behind a 24-page-long suicide letter and a video in which he revealed how he was not allowed to meet his only son and what made him take such a drastic step. 

After losing their son, the only ray of hope for them is their 4-year-old grandchild. The family has time and again expressed their concern for the child. 

In an interview earlier, Atul’s father, Pawan Kumar Modi shared that the family didn’t know where she (Atul’s wife Nikita) had kept their grandson. “Has he been killed or is he alive? We don’t know anything about him," he said.

Where is Atul Subhash’s Son?

A boarding school in Haryana has confirmed that Atul’s 4-year-old son was staying at their hostel. 

The principal of the school wrote a letter to the Marathahalli police station admitting that Atul’s son was enrolled in nursery class by his mother. It has also been revealed that no one had come to take the child during winter vacations and they had to make special arrangements for the child at the hostel. 

The counsel presenting Atul Subhash’s estranged wife Nikita Singhania has shared that the child has been taken out of the school and will be taken to Bengaluru.

Read Atul Subhash’s last message to his son here.

Who Gets Atul Subhash’s Son’s Custody?

Atul’s mother, Anju Devi filed a Habeas Corpus plea seeking the custody of her 4-year-old grandson but was denied the same by the apex court saying that she was a stranger to the child. 

“Sorry to say but the child is a stranger to the petitioner. If you wish please visit the child. In case you want the custody of the child, there is a separate procedure” said the apex court.

Anju Devi’s counsel had argued that a child below 6 years of age should not be kept in a boarding school and the grandmother should be given custody. However, the bench observed “Don’t expect the child will be comfortable with you. The child has to be with his parents. If not both, then at least one parent.”

Child Custody Laws Under Hindu Marriage Act

In India, decisions related to child custody are made with the best interests of the child kept in mind. If the child is less than 5 years old, custody is often given to the mother under Section 6 of the Hindu Minority and Guardianship Act, 1956, on the grounds that mothers are considered to be more natural and primary caregivers. In special cases, the grandparents may be granted custody of the child, when the mother is deemed emotionally unfit or financially incapable of raising the child. 

Do you want to understand laws around children better? Let us know in the comments.