A single judge of Madras High Court at Madurai bench held as follows, while relying on Kunapareddy case,
From Para 10,
10. Considering the above, the petitioners are entitled to approach the concerned Magistrate Court itself and raise the issue of maintainability and other preliminary issues and if such an application is filed, the learned Magistrate shall decide the same as per the decision of the Hon’ble Supreme Court in Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and another reported in (2016) 11 SCC 774.
M.R.Somasundaram and Ors Vs B Rahini and Anr on 12 Dec 2023
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