Wadsworth, J.

1. This appeal raises a question regarding the right of the permanently kept concubine of a deceased Hindu to claim maintenance when she has not had a child by the deceased. It is a question upon which authority is meagre. The only definite pronouncement is contained in an obiter dictum of Spencer, J., at page 810 in the case of Rama Raja Thevar v. Papammal AIR1925Mad1230 . The learned Judge was dealing with a case of a claim by a concubine who in fact had a daughter by her deceased paramour. In laying down the conditions upon which a concubine may be entitled to maintenance he observes:

Another condition that has been put on the right of a concubine to be maintained is that she should be the mother of illegitimate children,

2. quoting as authorities the case of Khemkor v. Umiashankar (1873) 10 B.H.C.R. 381 and Stranges Hindu Law, Chapter 8, p. 174. The other learned Judge while agreeing generally with the conclusion of Spencer, J., says nothing about the question whether the right of maintenance depends upon the existence of children by the concubine. Turning to the authorities for this pronouncement I find that the case of Khemkor v. Umiashankar (1873) 10 B.H.C