JUDGMENT

Iqbal Ahmad, J. - This appeal must be allowed. It is well settled that under the Hindu law a widow, on becoming unchaste, forfeits her rights to maintenance. The only question that arises for consideration in the present appeal is whether the fact of the maintenance being secured to the widow by an agreement executed by the relations of her deceased husband enlarges her ordinary rights, and entitles her, notwithstanding her unchastity, to claim the maintenance secured to her by the deed of agreement. The first Court answered this question in the negative. But the lower appellate Court has, on the authority of the decision of this Court reported as Bhup Singh v. Lachman Kunwar [1904] 26 All. 321, decided that the plaintiff-respondent, notwithstanding her unchastity, is entitled to a decree for the amount claimed by her, inasmuch as the defendants-appellants had agreed to pay her a certain amount as maintenance, and this agreement was reduced to writing.

2. In the case of Bhup Singh's case [1904] 26 All. 321 the agreement that formed the subject-matter of consideration was an agreement "by way of compromise of a claim" and not a bare agreement to give a certain amount as maint