If you complain to NZ embassy wife can be deported for making false statement on oath

2) wife must have suppressed her marital status and applied for visa as single if she did not have marriage registration certificate

3) for MCD personal peresence is not necessary. Virtual presence through Skype is sufficient

4) you can send papers to wife she can sign th edivorce papers have it attested before Indian consulate

5) wife can execute POA in favour of family member for filing for divorce , appearing in courts etc

6) merely because wife has made wrong declaration in visa is not ground for divorce in India

If not, can showing "single" status on visa where we had married under Hindu Marriage Law in India (but not registered our marriage), be a ground for taking divorce? If yes, what can I do in that?

registration of marriage is not necessary under section 7 of the hindu marriage act. if you think that she has concealed her marital status and given false information, you can file a complaint before the regional passport officer.

if you have any evidence of marriage like photographs etc you can adduce it with the complaint. a person cannot give false information in passport and before the authority issuing visa.

in this condition a criminal proceeding may be initiated against her.

Is it true, if we complain in embassy, it may possible that NZ govt will deport her for giving wrong information in Visa application and can impose fine and she may never get Visa in future?

if RPO found that she had concealed information in the passport or visa then her visa shall be cancelled and she shall be deported to india

1. Her showing single status in her Visa application can not be a ground for seeking decree of divorce. She will be able to counter the said allegation.

2. It cannot be foretold whether NZ Government will deport her or not for giving the false statement that she is single when she is actually married, against your complaint lodged to NZ Embassy. They may ignore the complaint considering it as a revengeful act by husband.

3. If she is staying in NZ now, she shall have to come to India twice for getting mutually divorced. One is while filing the jointly signed MCD petition and the second one is at the time of the 2nd motion after around 6 months of filing the MCD petition when the decree of divorce will be pronounced by the Court. She can skip her 1st visit to India for signing the MCD petition if the same is sent to her at NZ and she can get her signature notarised by the appropriate office of Indian Consulate at NZ. However, her visit to the Court on the day of the 2nd motion can not be avoided at any cost since it is a legal requirement.

1. How do you expect the lawyers here to find out what she has mentioned in her application for visa.

You can clarify the details on the basis of information furnished by her and cannot ask what information has been furnished by her.

2. If you have substantial evidence to prove that she ha shown herself as single in the application, you can extract the reasons from her during cross examination, but this cannot constitute reason for divorce.

3. It depends on the visa rules of that country and if the country found the information furnished by her are false, they may take appropriate legal action as per law and rules on this regard.

4. There are provisions for conducting the divorce proceedings through video conferencing also and through a power of attorney agent in India.

5. What case and why it should impact negatively, do yo mean to say if she is contesting?

Well t depends, even without she returning to India, her lawyer can contest the same properly which may also fetch negative impact to your case if your case is not strong enough.

1) generally court grants three adjournments to enable Respondent to file their reply

2) if wife does not appear court can grant you ex party decree

3) summons have to be served to wife at her address abroad

4) complain to NZ embassy against wife false declaration so that she would be deported then India

1. Generally 3-4 adjournments are granted post which the court proceeds ex-parte, If you wife constantly fails to appear before the court, the court will then proceed to pass ex parte order.

2. The court may summon, summon will have to be sent to her abroad address.

3. You may file a complaint before the New Zealand embassy.

4. Non appearance of opposite party constantly.

Regards

1. It is not that they did not appear before court, you must confirm whether the court summons have been received by them or whether it is returned undelivered for the reasons written on the top of the envelope containing the notice from court.

When the notice is returned undelivered for the reason that the addressee not found or improper address, then the court will ask the petitioner to furnish fresh and proper address, to which the notice will again be sent.

After that is court is satisfied about the sufficient service of summon, it may on request order for substituted service of summons through a publication in a local newspaper.

2. The court will not summon, you have to take steps to serve the summons to her address.

3. You cannot make any complaint with the police for this reason.

4. There are no grounds for that except when the summons have not been served and she is not responding even for newspaper publication, the court may set her exparte and pass orders accordingly.

1. In some Courts, attendance of the parties are not sought and the Court officer gives the date of the 2nd motion to the advocate of the parties. However, since it has been recorded by the Court that she did not appear then she shall have to appear before the Court on the scheduled day otherwise the case will be further deferred to the next date. The MCD will be rejected if both the parties can not appear for the 2nd motion within 18 months from the date of its filing.

2. Court will not summon her to attend the MCD case since it has been filed on mutual consent. It will be rejected if the 2nd motion of the MCD application is not completed within 18 months from the date of its filing.

3. Not appearing before the Court in connection with the jointly filed MCD application is not a crime for which no criminal or police action will stand in her name.

4. No ex-pate decree of mutual consent divorce is allowed by law. It is for contested divorce.