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It is Subhash's mother's case that his wife deliberately kept away their son from the reach of his biological father to cause severe mental agony to him
34-year-old techie Atul Subhash's mother has approached the Supreme Court of India seeking custody of her 4 years and 9 months old grandchild Master Vyom Modi.
Subhash's suicide has triggered a nationwide debate on marital discord, the misuse of dowry prohibition laws and also men's mental health. Before he died by suicide, Subhash recorded an 80-minute video accusing his estranged wife and her family of slapping multiple cases on him and his family to extort money from them.
A habeas corpus petition has been filed seeking a direction to the Police Authorities to trace and produce the subject minor child from the illegal custody of whomever at the instance of the late Subhash's wife Nikita Singhania.
Subhash who was employed in a private company at Bengaluru City was married to Nikita Singhania in the year 2019. Master Vyom Modi who is the subject matter of this writ petition was born in 2020.
Subhash's mother Anju Devi has told the Supreme Court that in May 2021, Subahsh's wife having no justifiable cause whatsoever left the matrimonial house in Bengaluru together with the said child Master Vyom Modi and started residing with her parents.
Top Court has further been told that between the years 2022 to 2024, Subhash's wife foisted 9 false cases against him before courts in the State of Uttar Pradesh with a sole intention of extorting money.
The plea adds that Bikas Kumar, brother of Late Atul Subhash on account of the death of his brother by suicide due to the instigation and abetment of his wife Nikita, has lodged a complaint which has been registered as an F.I.R under Section 3 (5) and 108 of BNS, 2023 and Nikita has now been arrested.
Instant habeas corpus petition has been filed by Advocate Kumar Dushyant Singh and filed by Advocate Akash Jandial.
In light of Subhash's suicide, a PIL has also been filed before Supreme Court of India owing to drastic condition and fate of married men in India after implication in false Dowry and Domestic Violence cases. Citing the tragic suicide of Atul Subhash, the plea submits that Dowry Prohibition Act and Section 498A of IPC which were meant to protect the married women, have become weapons to settle unnecessary and illegal demands and to suppress the husband's family when any other dispute arises between husband and wife.
Case Title: Anju Devi vs. State of Karnataka and Ors.
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