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Judgment
A preliminary objection has been taken that no appeal lies, as an order u/s 488, Criminal Procedure Code awarding maintenance is an order
passed in a criminal trial. We think the objection is good. "Clause 7 describes the person against whom proceedings are taken as " accused'' and
provides that he may give evidence on his own behalf a right which would exist without being conferred by Statute if the proceedings were civil.
Clause 6 provides that the evidence shall be recorded in the manner prescribed for the trial of summons cases, and Clause 3 provides that a
person neglecting to comply with the order may be imprisoned.
The Bombay High Court in Reg. v. Thahu Bin Ira (1865) 5 Bom. H.C.R. 81 took the view that maintenance proceedings were under the Code
of Criminal Procedure then in force a "" Judicial proceeding of a Criminal Court "" from which no appeal lay.
We dismiss the appeal with costs.