B.A. Patil, J.

1. Though the appeal is listed for admission, with the consent of the learned counsel on both sides, it is heard finally.

2. This appeal is filed by the appellant-husband assailing the order dated 25.1.2016 passed by the Principal Senior Civil Judge and JMFC., Bantwal, Dakshina Kannada. in MC.No.28/2015.

3. For the purpose of convenience, the parties are referred to as they referred to before the trial Court.

4. The brief facts are that the petitioner and respondent are husband and wife. Their marriage was solemnized on 15.10.2003 and out of the said wed-lock two children were born. Thereafter, the respondent started ill-treating the petitioner and therefore a case was filed in Criminal MC.No.970/2014 under the Domestic Violence Act, wherein petitioner contended that the respondent- husband used to come home by consuming alcohol and he used to threat her on one way or the other. After the marriage, he always imputed unchastity against her by saying that she is having illicit relationship with someone else and he attempted to kill her by using liquid petroleum gas. Petitioner further contended due to respondent's attitude, she found it difficult to lead life wit