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2017 Supreme(Online)(KER) 5716

HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.P.JYOTHINDRANATH, JJ
SAJIL T.DEVADAS – Appellant
Versus
HONEY SABU – Respondent


Advocates:
SRI.RAJIT, SMT.V.VIJITHA, SRI.C.S.AJITH PRAKASH, SRI.T.K.DEVARAJAN, SRI.PAUL C THOMAS, SRI.A.TJOSE, SRI.P.M.MOHAMMED HASSAN

J U D G M E N T

Shaffique, J This original petition is filed by the petitioner in G.O.P.

No.425/2014 challenging the order dated 25/03/2017 in I.A.No.693/2017. G.O.P was filed seeking for custody of the minor child Abhinav Sajil who is the elder son of the couple. He has been diagonised of a rare disease known as Duchenne Muscular Dystrophy (hereinafter referred to as 'DMD'). It is stated that the aforesaid disease is caused due to a mutation in the gene distrophin located on the human X chromosome and on account of such disease, there is progressive proximal muscle weakness of the legs and pelvis which spreads to the arms, neck and other areas leading to several other symptoms and skeletal deformities. The average life expectancy of DMD patients is around 17 years. The child is now with the mother and the couple are residing separately. The application I.A.No.693/2017 has been filed seeking for an interim custody of the child for giving treatment at the Amrita Institute of Medical Sciences, (AIMS), Kochi. The child is now 14 years old.

2. In the affidavit filed in support of the above application, he contends that he had come to know about a special treatment by Dr.Arun Grace of Neu

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