Dv cleared and now divorce

How was the DV case settled ?. Is it by mere withdrawal of the case by your wife or the receipt of alimony amount made known to the court and the agreement which you have stated is filed in the court and has become the part and parcel of the judgment ?

This is the usual procedure, but if you have given the amount outside court and executed agreement for mutual consent divorce without going through the court protocol, i doubt if that has any legal sanctity. 

If that agreement which is not notified to the court, does not suffer from any weakness, then a MCD alone can be initiated by either parties and there cant be any claim of alimony by the wife

Waiting for others to reply

Yes,after counselling between both the parties in front of the judge,the decision was given by the judge to settle the case by paying 4,00,000 as whole settlement and no criminal/civil case will not be filled against each other and live separately and matrimonial divorce case will be filled together.It was a big money for us but they have filed the divorce case against us stating the same thing that she have stated in DV case and want alimony of 15,00,000 now.lastly they have also charge that we did not agree to filed a divorce together so they are filling against us now.

You have been mislead. The day you were directed by hon.court... You shoould have put conditions of paying alimony in 2-3 instalments... One @ fiking divorce mutually and rest amount after 6 mnths 2 nd motion. Now case might go contested fir years. Try amicable talks and settle matter by paying few bucks more once and for all..... Hire good advocate

He was married 7 years(2007) ago and within a month her wife have left the house unreasonably .And after 5 yrs in 2012 they filed a case for domestic violence and we had settle last year with the agreement

elaborate the above para it is not clear

in 2007 married +  stayed for one month  +  left to their parents house +  

any negotiations between both the parties +  what happened all this 5 years +  

why there are any discussions between elders +  why you have not settled all this 5 years + why you waited for till date immeditely you should have filed MCD 

and suddenly after  5 years she filed dv on your brother + alright without final mutual divorce applied you paid full amount to her

you can contest the divorce case but it takes how many years no one expects 

Ok, the woman was not mentally sound(I do not mean fully mad)  she was aggressive in anger,she always fight with our family members in her first month of marriage,she was well known of running away from our home and later also came to that she has taking medicine for her pshycological problem from last 5-7 years at that time from our home.So everybody including her family knows she cant have a happy married in her live so this mater was close itself at that time completely.No one talks or no body from her family came to our home for the mater till date nor we.But after my brother got a government job they just started the case.They talked nice years ago,now every single family member of her is like they have been well plan for it,they are now just for the money.

Every true statement we present it is of no value to the court,but every false statement it is treated as we are have treated her in cruel manner.

They have demanded so much-25,00,000 +5 kg gold(that she did not brought with her)+20,000 monthly maintenace.do not think we are very rich,my father is a penssioner who get only 12,000 per month and my brother just started earning an amount of 19,000 per month.And the 4,00,000 was paid by borrowing for which my family is paying with the high interest.They are just for money.We have paid the 4,00,000 not because of we have done DV against her but as we were told that it will settled the whole problem by the honorable judge.He have also written that in final decision.we really want to settled the case once and for all.And lastly generally here in our area for such type of cases no one have ever paid such amount,but as we want to settle it quickly as possible we have paid it.

Can we contest the divorce case stating her mental condition?

now you have opened but with half information again 

how many days she stayed with you 

thus any negotiations between both the family in all this 5 years 

or suddenly they filed after 5 years 

one thing if she left your home and without any negotiations from both the side just waited to file the case all this 5 years 

your brother should have taken initiative to proceed and take mutual consent divorce if she is not willing to join your family 

why you waited all this 5 years

 

she stayed for only 1 month.And there was no negotiation through a third party because thier father refuse had refused at that time.and as time goes on we have conceal the matter because we do not want much exposure of the matter to everyone(a mistake from our side).we agree this we have not acted cooreectly in time,and another mistake -in the hurry to settle the matter again we have paid the money before the MCD.And since it was a huge money for our status we also thought they will not do such thing again against us.And unfortunately our lawyer is also a little idle enough that he was unable to grasp the mislead done to us by thier lawyer.

Ok as upto to now we have made many mistake for which we need to fight against them without ease.
but now in order to defend what we can do now.we do not want to pay even a single penny now as we have paid beyond our status.

And this are our plus point which we could used in the case

1) Her mental state,we know the doctor she consult,the tablets name also known.

2)Its been a long time after she have gone from our family.

2) she have argued(fight) badly with the honorably judge in last DV case.

3) we have paid the amount with the decission that it is for permanent settlement

4) money paid according to my brothers income(our family staus) is more than enough as no one of such cases at our district(or state) have not paid that much.People have always commented that "Is your brother the CM of our state?"

Everything that I have given is 100% true.So please give me the guidance to settle the problem once and for all.