In the case of Nikita Singhania who is, as of late, residing separately from Atul Subhash singh who passed away in December, and is accused of causing him harasser him to death, the court during today’s evening session announced that she will be retaining the custody of the child.
Ruling in favor of Nikita, the supreme court directed that the son aged four years to be produced to the court via video conference for the entire hearing.
Turning to the habeas corpus petition filed, the bench consisting of Justces B. V. Nagarathna and Satish Chandra Sharma noted: “We want to see the child. Produce the child.”
The justices of the Supreme court, BV Nagarathna and SC Sharma speaking to the son gave their approval for the son to live with the mother while the in camera proceedings were happening.
The case originated from an application for jail release that was filled by Anju Devi, mother of a four year person. This application was filed to receive custody of the minor. In this case, Devi’s wish is to have a custody because she wants to parent the child following the passing of her son Atul Subhash.
The Supreme Court has, however, earlier this month denied prevatal relief to the mother of Atul Subhash. In the course of the hearing, the court determined that she was a complete stranger to the child as he has spent a very limited time with his grandmother. “No we do not want to traumatise the child. In our opinion, she is a complete stranger. The child has hardly spent any time with the grandmother,” the court said.
Singhania, along with her mother and brother-in-law, received bail on January 4 from a Bengaluru court. This was after an FIR was filed by Subhash’s brother, Bikas Kumar on December 9 which resulted in the filing of a complaint under Sections 3 (5) and 108 of the Bharatiya Nyay Sanhita (BNS). According to Bikas Kumar’s complaint, he alleged that the accused had been harassing his brother and that he was taunted with a divorce settlement of 3 crores. Kumar also claimed that Subhash was mocked during court with a threat of suicide if the demands were not met.
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