Shamsher Bahadur, J.

1. This is a husbands appeal from the judgment and decree of the District Judge, Delhi, dismissing has application under Section 10 of the Hindu Marriage Act for judicial separation from his wife, Shrimati Sarla Rani.

2. The parties were married to each other on 17th of November, 1948 and there are two issues of this union; a boy and a girl born in 1951 and 1953 respectively. The marriage does not appear to have been a happy one. Right from the middle of 1949, according to the petitioner, he received ill-treatment from his wife, whose real intention was to oblige her husband to leave his parents and set up a home with her parents at Ludhiana. This unhappy relationship reached a climax when some time after 15th of December 1951, the wife administered some kind of potion to the husband on the advice of some faqir with the ostensible object of bringing about domestic amity.

In paragraph 3 of the petition, the petitioner stated that she gave the petitioner some potions (Tawiz) which she represented were given to her by some faqir and would remove dissension and bring peace in the house. It is not clear how the contents of the tawiz were injected in him but