The Supreme Court on Tuesday refused to give the custody of the 4-year-old son of Atul Subhash, the Bengaluru-based techie who died by suicide, to his mother, saying that she was "virtually a stranger to the child". The court's remarks came as Subhash's estranged wife revealed for the first time that their child was at a boarding school in Haryana's Faridabad and would soon be taken to Bengaluru to meet his mother.

The top court was hearing a habeas corpus plea filed by Atul's mother seeking the custody of her grandson. Atul Subhash died by suicide last month alleging harassment by his wife, Nikita Singhania, and his in-laws. Days later, Nikita, her mother and brother were arrested on charges of abetting Atul’s suicide. They were granted conditional bail last week.

During the hearing in the top court, Nikita's counsel said the four-year-old was at a Faridabad boarding school during her mother's arrest. "He is in my custody. Yesterday, I reached Faridabad and took custody of the child from boarding school," Nikita's counsel said.

The bench then directed that the child must be produced in court at the next hearing as it was a habeas corpus petition.

However, the lawyer representing Atul's mother, Anju Devi, told the court that she should be given custody of the child as she was the grandmother. Anju Devi also said that she last met her grandson when he was 2.5 years old.

"He doesn't know you at all. You are virtually a stranger to the child. In the sense you have no familiarity," the court said. However, the court said she could meet her grandson.

"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," the court said.

The top court also said that Nikita was yet to be proven guilty, and the matter couldn't be decided based on a "media trial". "It's not a media trial. It's a court trial which can pronounce a person guilty," the bench said.

The matter will next be heard on January 20.

Source: India Today