i) if fresh divorce case is to be filed - grounds?
Since the maximum waiting period is 18 months only and there is no sign of the wife returning to appear before court for final motion of MCD hearing, the court will dismiss the case. You can file a fresh divorce case on the grounds of cruelty and desertion after dismissal of MCD or after withdrawing the same.
ii) How the summons can be served
Summons to served on her last known address india
iii) whether service of summons by e mail is legal
Summons cannot be served through email.
iii) whether this is a case of desertion
Desertion may be pleaded as another ground.
iv) wife is an Engineering graduate and was in service prior to marriage, whether the terms for one time settlement will remain valid
It depends on her claim for maintenance and your reaction to it on this basis.
iv) whether the case should be withdrawn and amount deposited in court should be taken back by husband
You can withdraw the amount held in court deposit while yo withdraw the MCD case.
v) Is it a case of desertion
It can be pleaded so.