History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c33.9

v2.c33.9

Concubines being recognized by society, the *smṛtis* provided for their maintenance. During the life-time of a person keeping a concubine, the latter has no legal right to proceed against the former. Nārada (dāyabhāga ¹⁴⁹⁶ 52) and Kātyāyana lay down that even when the property of a deceased person escheats to the king for want of heirs (except in the case of the deceased being a brāhmaṇa) the king has first to provide for the maintenance of the concubines of the deceased, of his slaves and for his śrāddhas. The Mit. says that the concubines here referred to are those called *avaruddhā* (and not bhujiṣyā) and that even the kept mistresses of a deceased brāhmaṇa are entitled to maintenance from his property. The Privy Council in *Bai Nagubai v. Bai Monghibai* have gone beyond the Mit. and have held that all concubines (whether kept in the house practically as members of the family i. e. avaruddhā or not so kept i. e. bhujiṣyā) within the exclusive keeping of a Hindu till his death are entitled to maintenance from his property after his death, provided they are continuously chaste thereafter.¹⁴⁹⁷