JUDGMENT

Arindam Sinha, J.

Two appeals are before us for adjudication. They have been filed by the husband. First is MATA no.89 of 2022 preferred against order dated 5th April, 2022 of the family Court allowing, on contest, the petition of respondent-wife for restitution of conjugal rights. The other appeal is MATA no.217 of 2022 preferred against order dated 16th September, 2022 by said Court on the application filed by respondent-wife under section 12 of Protection of Women from Domestic Violence Act, 2005. On query from Court Mr. Parida, learned advocate appearing on behalf of appellant-husband submits, the application under the Act of 2005 was presented before the Magistrate on 22nd June, 2018. On further query from Court he submits, the petition under section 9 in Hindu Marriage Act, 1955 was presented by respondent-wife on or before 27th November, 2017, date on which first order was made by the family Court on it. 2. It appears appellant-husband applied for transfer of the domestic violence case to the family Court, already in seisin of the civil proceeding filed by respondent-wife under section 9. By order dated 7th March, 2022 in TRP (Crl. no.09 of 2022) (Satyajit Padhi v. Jo