Cpc order 39 rule 2

Such petition as per S.16 of the Code of Civil Procedure, 1908 has to go on at the place where the property is situated and nowhere else. 

i am agree with Adv. Bharat chugh

in this case the suite is filed by wife in fmaily court in mumbai , there is divorce petition also in the same court filed by husband, now the wife has moved to delhi and and is moving application in sc for transfer of both the cases to delhi ?

in such case can supreme court transfer both the petition ?

current stage : husband's cross over , wife's cross 50% completed.

wife intend to streach the matter and hence all this tactics, there are adverse order against wife ? what are the chances that the both the petition will get transfered

1. First of all O.39 R 1 & 2 is not a suit, it's an application within your divorce petition.Whether it is tenable/maintainable in the first place - I Doubt. Have any orders been passed thereupon ? Perusal of case file is required for this. 

2. As regards SC transfer petition, by and large supreme court has been pretty liberal in granting transfer requests of hte wife in the recent past, however every case has to turn on it's own peculiar facts and circumstances - if in your case the wife succeeds in satisying the 'test of forum convinience'. A lot many factors would become important - the comparitive ease of travelling, the means, conduct vis-a-vis litigation etc. It is too circumstantial. 

It is very unlikely of getting both the cases being transfered to Delhi.