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4. Adv.Sri.Reji, learned counsel appearing for respondents 1 to 3 made the following submission before me in support of the impugned judgment of the lower appellate court:-

The person who can move the Magistrate under Section 12 of the Act is an `aggrieved person' as defined under Section 2(a) of the Act. The definition of `aggrieved person' is any woman who is, or has been, in a domestic relationship with the respondent. The words employed are `who is' or `has been' which mean that she should be presently in a domestic relationship with the respondent or the domestic relationship should continue to be in existence in view of employment of the words `has been' which is in a present perfect continuous tense. Likewise, the word `domestic relationship' defined under Section 2(f) also means a relationship between two persons who live or have at any point of time lived together in a shared household. The expression `respondent' as defined in Section 2(q) of the Act is also a person who is or who has been in a domestic relationship with the aggrieved person. The word `shared household' as defined in Section 2(s) of the Act is also a household where the aggrieved person and the respondent live or have lived. So, "aggrieved person"
and the "respondent" are those persons who are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members who either live or who have lived together in a shared household. Here also the tense used is present perfect continuous. Hence, unless the applicant is, or has been, on the date of application in a domestic relationship with the respondent and `lives' or `has lived' on the date of application as such, the applicant cannot have any locus standi to prefer an application under Section 12(1) of the Act. So, the view taken by the lower appellate court does not call for any interference.

6. The further question is as to whether the applicant should continue to be in a domestic relationship with the respondents on the date of preferring the claim and whether the persons who are related by consanguinity, marriage or any of the relationship referred to in Section 2

(f) of the Act should continue to be in that relationship on the date of filing the petition. In other words, whether the employment of present perfect continuous tense in Sections 2(a), 2(f), 2(q) and 2(s) renders it obligatory on the part of the applicant to be in a domestic relationship on the date of preferring the application. I am not inclined to accept the contention made on behalf of the respondents that the present perfect continuous tense used is to indicate the continuance of the relationship even on the date of preferring the application. On the contrary, the words `has been' and the words `have lived' are employed for the purpose of showing the past relationship or experience between the parties concerned and they cannot be so construed as to mean that unless the "domestic relationship" continues on the date of application, the applicant will have no locus standi to move the Magistrate. The existence of the present status as a wife cannot be read into those provisions to hold that the application filed by the revision petitioner before the Magistrate was not maintainable. The view taken by the learned Sessions Judge is clearly wrong. The judgment sought to be revised is accordingly set aside and the order dated 11.1.2007 passed by the Magistrate is restored. Respondents 1 to 3 are given one month's time from today to deposit the arrears of maintenance before the Magistrate. They shall thereafter continue to pay the interim maintenance in accordance with and subject to the order passed by the Magistrate. The revision petitioner as well as respondents 1 to 3 shall appear before the learned Magistrate without any further notice on 1.7.2008 and participate in the further proceedings before the Magistrate, who shall pass final orders, as expeditiously as possible, after giving the counter-petitioners also an opportunity of being heard.