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2025 DAILYLAW 33175 (HP)

DIMPLE THAKUR AND ORS v. REETA DEVI

CMPMO/321/2022 · 2025-10-07

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:34139 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 321 of 2022 & CMP No. 24365 of 2025 Decided on: 07.10.2025 Dimple Thakur and others … Petitioners Versus Reeta Devi … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. Surender Verma, Advocate. For the respondent : Mr. Y.P. Sood, Advocate. Ajay Mohan Goel, Judge (Oral) Learned Counsel for the parties inform the Court that the matter stands amicably settled between the parties. 2. In light of the last order passed by the Court, petitioners Mr. Dimple Thakur and Dalip Kumar, are present in person in the Court. Mr. Dimple Thakur is the father of the minor child and Mr. Dalip Kumar is the paternal uncle of the minor child. Respondent Reeta Devi, who is the maternal grandmother of the child, is also present in person in the Court. 3. Learned Counsel for the parties have handed over an application filed under Section 151 of the Code of Civil Procedure and state that the matter stands amicably settled between the parties in terms of what is stated in the application. They pray that 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:34139 the application be taken on record and the same be treated as settlement entered into between the parties and the lis between the parties be disposed of in terms of the settlement arrived at between the parties. 4. The application is taken on record. Registry is directed to register the same. 5. Respondent, Smt. Reeta Devi, the maternal grandmother of the minor child has also informed the Court that the matter indeed stands settled between the parties. She has further stated that as settlement has been amicably arrived at between the parties and she has no objection, in case, the matter is disposed of in terms of the settlement arrived at between the parties. 6. Accordingly, in light of above fact, this petition is disposed of in terms of the settlement arrived at between the parties, relevant portion of which reads as under:- “4. That the parties to the petition have mutually settled the matter pertaining to the custody of the minor amongst them on the following terms detailed herein below :- i) That the Respondent has agreed that the custody of Minor Pridhi Thakur shall remain with the Petitioners till she attains the age of majority and thereafter the child will herself decide whether to stay with the Petitioners or the Respondent. ii) That it is mutually agreed between the parties that the custody of minor shall be handed over to the Respondent by 3 2025:HHC:34139 the Petitioners for a period of 10 days during the Monsoon vacations in the schools and the period of 10 days shall be reckoned from the 5th day of start of vacations. iii) That the Respondents shall hand over back the custody of the minor to the Petitioners after expiry of 10 days. iv) That it is further mutually agreed between the parties that the Petitioners will hand over the custody of the minor to Respondent in case of marriage, family functions or during festivals for period of 3-4 days in the family of the respondent and duration thereof shall be mutually decided between the parties taking into consideration the welfare of the minor and also to ensure that the studies of the minor are not affected.” 7. The settlement shall form part of the order passed by the Court and in lieu of the settlement arrived at between the parties, the order under challenge also stands modified and it is further directed that upon either of the parties placing on record the copy of this order before the learned Principal Judge, Family Court, Sundernagar, District Mandi, the proceedings pending in said Court shall be closed in light of the order passed by this Court in these proceedings. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge October 07, 2025 (narender)