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The mother of Atul Subhash, the Bengaluru engineer who died by suicide on December 9, has approached the Supreme Court seeking custody of her four-year-old grandson. Subhash left behind video and written notes alleging harassment and false accusations from his wife and in-laws.
Anju Modi has filed a habeas corpus petition to secure the custody of her grandson whose whereabouts are unknown. The petition claims that neither Subhash's estranged wife Nikita Singhania, nor her family members - currently in custody - have disclosed the child's whereabouts.
Nikita reportedly told the police that the boy was enrolled in a Faridabad boarding school and in the custody of her uncle, Sushil Singhania. However, Sushil has denied any knowledge of the child's location.
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh has issued notices to the governments of Uttar Pradesh, Haryana, and Karnataka to provide clarity on the situation. The next hearing is scheduled for January 7.
The case has seen multiple arrests in connection with Subhash's suicide. Nikita Singhania, along with her mother Nisha Singhania and brother Anurag Singhania, was arrested on December 16. Karnataka Police, citing evidence from the suicide note and video left by Subhash, charged the three with abetment of suicide. They are currently in judicial custody.
According to the petition, Anju Modi contends that the Singhania family has obstructed efforts to locate the child. Subhash's father, Pawan Kumar, has also publicly demanded custody of the child.
The Singhania family, however, is fighting back. In the Allahabad High Court, senior counsel Manish Tiwary argued for anticipatory bail for Nikita's uncle, Sushil Singhania. The appeal cited his advanced age (69) and chronic health conditions, suggesting that accusations of abetment were exaggerated and constituted harassment at most. Justice Ashutosh Srivastava granted Sushil pre-arrest bail with strict conditions, including a personal bond of Rs 50,000, mandatory availability for police interrogation, and surrender of his passport.
Subhash's family has alleged that Nikita and her family harassed him with false legal cases and demands for money. Subhash's father, Pawan Kumar, and brother, 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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