IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO. 1627 OF 2025 WITH I.A.NO. 277650 OF 2025 AND I.A.NO.199064 OF 2025 IN TRANSFER PETITION (CIVIL) NO . 13 2/2025 RAJNI @ RAJNI TYAGI PETITIONER(S)

VERSUS KAPIL TYAGI RESPONDENT(S)

O R D E R

Heard learned counsel for the parties.

2. Application i.e., I.A.NO. 199064/2025 seeking recall/ modification of the order dated 24.07.2025, is allowed. Consequently, the order dated 24.07.2025 passed in Transfer Petition(Civil) No. 132 of 2025 is recalled.

3. The petitioner is present in Court, and the respondent has joined the proceedings virtually. They have been identified by their respective counsel.

Signature Not Verified Digitaly signed by

VARSH4A M.ENDIRATTAIt is stated that the parties have arrived at a settlement,

Date: 2025.11.08

Reason:

and a joint application has been filed by them, placing on record

the terms of the Deed of Settlement dated 31.10.2025. It is prayed that the Court may dispose of the matter in terms thereof.

5. For the sake of convenience, the Deed of Settlement dated

31.10.2025 is reproduced hereinbelow:- “ DEED OF SETTLEMENT THIS DEED OF SETTLEMENT ("Deed”) has been executed on 31^st October, 2025 at New Delhi BETWEEN Mrs. Raini Tyagi, aged about 47 years, W/o Mr. Kapil Tyagi, D/o Shri Ramashish Prasad, R/o:- Flat No. 004, Tower No. 21, L&T Realty, Raintree Boulevard, Bellary Road, Byatarayanapura, Bengaluru - 560092 (hereinafter referred to as the "First Party/Wife"

AND Mr. Kapil Tyagi, aged about 48 years, S/o Shri Teipal Tyagi, Resident of: 538K/1264-2, Chanakyapuri, Triveni Nagar - III, Sitapur Road, P.S. Aliganj, Lucknow-226020 (hereinafter referred to as the "Second Party/Husband"

The First Party and Second Party shall be collectively referred to as the "Parties" and individually as a Party.

1. Whereas the Parties were married on 01.12.2002 at, Paradise 2000 Marriage Hall, Sector-B, A-8, Aliganj, Lucknow.

2. Whereas parties were blessed with one Male Child namely Mann Tyagi ("son") on 13.10.2003

3. Due to differences between the Parties, the parties have been living separately since 5.6.2024 and thereafter leads the parties to file cases against each other, details whereof are as under:-

a) Second Party filed Divorce Petition No. 3357 of 2024 under Section 13(1) of the Hindu Marriage Act, 1955 before the Court of Principal Judge, Family Court, Lucknow ("Divorce Case");

b) First Party filed an application under Section 125 Cr.P.C. Crl. Misc. no. 277/2025 before the Principal Judge, Family Court, Bengaluru, for maintenance ("Maintenance Case");

c) First Party filed Transfer Petition (Civil) No. 132/2025 before Hon'ble Supreme Court of India seeking transfer of the divorce case to Bengaluru.

d) Second Party filed Transfer Petition (Crl) 433 of 2025 before Hon'ble Supreme Court.

e) That the parties were referred to the Supreme Court mediation whereafter they entered into a mediation settlement dated 2.7.2025.

f) That on the signing of the said mediation settlement, the respondent gave draft of Rs. 25 lakhs & returned the following as well as namely:

Hasuli,Laptop & one Necklace.

g) That vide order dated 24.7.2025, the Hon'ble Supreme Court due to objection of the petitioner that she wanted a Bengaluru flat over Pune Flat which did not find mention in the settlement.

h) That on query to the Second Party/Husband by the Hon'ble Bench that whether he agreed to give the Bangaluru flat over Pune Flat, the Second Party/Husband declined and result of which, the Hon'ble Supreme Court allowed the transfer petition of the First Party/Wife and dismissed the transfer petition of the Second Party/Husband vide order dated 24.7.2025. Vide Order dated 24.07.2025 passed in T.P.(Civil) No. 132/2025, the Hon'ble Supreme Court was further pleased to observe that agreement/settlement was failed and it could not be given effect to.

i) That the First Party filed M.A no 1641 of 2025 in TP(C) 132 of 2025 seeking modification of order dated 24.7.2025 seeking modification of wo