@ Author,
1. you are confused so it seems, read below reply and then my reasoning and do it in peace J
2. Since it is a MCD suit matter which is being thought to be filed by parties jointly so S. 19 HMA talks about Jurisdiction in such matters;
"S. 19. 1 [Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]"
3. In MCD suit in a Family Court how jurisdiction gets decided is said in below way keeping your facts in view;
Marriage took place at Place B. Both Parties last lived together at Point A. Currently wife lives at Point C. – RIGHT!
So the Jurisdiction could be either point B or even A and even C. But after the HMA amendment the word used in (iv) is Petitioner and read above para iv now. In a MCD a petition is Jointly filed by Petitioners and it is not titled as, In the matter of: Party A Vs. Party B or that matter as Party A and Party B Vs. State. So in your case Orissa’s particular District Court is right Jurisdiction to file MCD by both parties. Moreover at last mile last leg of parties marriage give her that benefit of stationing her bottom at her own native place instead of Vizag (I know distance in not much from Orissa but Point C is Jurisdiction).
Carry your out of stattion address proof original(s) with you and make her Party 1.
Reasoning:
But my bigger question is why are you creating fuss when wife is ready for divorce? Here in LCI many husbands cry from roof top that their lady’s are not giving them divorce from last dozen years and here is a case where his wife is ready for divorce but ? If I were your pleader I would go to any part of the India (except J & K my mother's State) to help my client (offcourse not without return air tickets and advance professional fees) to get you mutual consent divorce from your wife J. Save money for two visits and then it is party or re-marriage time brother take it in that spirit J
