Your claim for maintenance will be considered only when you apply for it invoking the proper provisions of law meant for it with an application.

Your reply  or counter to heis petition may contain your desire for maintenance but since it is not an application for maintenance, the court may not entertain your claim for maintenance just because you have made a mention about it in your reply/counter to his main petition.

You may have to file the affidavit for declaring your assets only when you make a claim for maintenance invoking the provisions of section 24 HMA, by filing a separate application for this purpose. 

- Since you husband has filed divorce petition , then after receiving the summon of the court , you should file its reply 

- Further, for getting the interim maintenance you will have to file a separate application before the court or can file the same along with the said reply as well. 

- Further , after getting the said application copy , opposite party will reply the same and court can be direct both the parties for filing income affidavit before the court. 

- Hence, you can file only reply on the fixed date , and thereafter you will be given opportunity to file the income affidavit etc. 

detailed affidavits disclosing all sources of income, assets and liabilities must be filed by both parties - the claimant must file all details along with the application for maintenance, while the respondent must file their details within 4 weeks.

An application for interim maintenance has to be filed along with the divorce petition and permanent maintenance/ alimony. Actually th3 interim maintenance/maintenance pendente lite is only for the expenses incurred during the litigation. So you should file it along with the main petition. Later on you cannot file an application for interim maintenance without the permission of the court.

You have to clarify your intentions also. 

-  File reply to divorce petition without any maintenance or affidavit of assets.

-  You can file for maintenance later. 

-  You can send the file to mediation also with/without reply.

A divorce petition/case is filed by husband against you and you are filing reply/say to the divorce petition. You need not mention any final maintenance amount or interim settlement amount in the say. If you mention the final maintenance amount you are accepting that you are ready to accept divorce on the condition that the final amount demanded is paid to you. You have only to deny the allegations made and state the facts of his harassment as counter to petition. Court will direct you to file affidavit of asset and income only if you file petition seeking maintenance. For your information I am forwarding you the property of law you can make use of against him.

You have many options. Law is in favor of women. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—
2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
3. Protection order prohibiting husband from—
4. committing any act of domestic violence;
5. entering the place of your employment;

• attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

• Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. 
   Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.
5. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son.

Court can insist you to file the same now as it's for deciding the application at interim stage too

1. If you do not want any interim maintenance then it makes no sense to mention the maintenance amount in the reply.

2. The court can direct you to file an affidavit of assets and liabilities on the basis of maintenance amount mentioned in the reply.

1. Ordinarily, you are required to file an application u/s24 of HMA seeking maintenance pendente lite and expenses of proceedings wherein the Court will ask you as well as him to submit affidavit of assets.

2. Even without your filing the application u/s24 of HMA, the Court can ask both of you to file affidavit of assets to decide on the maintenance amount.

Dear Madam,

Normally you are not supposed to file Affidavit of Assets  in divorce cases unless you claim any alimony. Contents of Reply notice are insignificant. 

Dear Maam,

1) You will have to file the affidavit disclosing all assets and salary details only when you file the the petition under the provisions of law asking for maintenance.

2) You won't be asked to file affidavit in reply to the main divorce petition.

Thank you

Dear Querist

It is up to Court, if the court wants to get a detailed affidavit of the parties then you have to file the same before the court. you should file that application with your reply in case you are not able to maintain yourself by your income because the court shall pass an order of maintenance from the date of application which shall be benefitted for you to get the maintenance from the date of application.

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