Hello, 

You will have to fight section 9. filing section 9 after you have filed DV case will have no relevance as you can go ahead and say in section 9 case that you were subjected to domestic violence and therefore you left his company and you never left his company without any reason. 

Reasons  

Hi,section 9 of conjugal rights will have no effect on your DV complaint..The magistrate will ask for DIR ( domestic incident report ) from the protection officer ,and will proceed further with the complaint..

File a maintenance pendentilite petition , it will work wonders

Sec 9 files by husband as a defense against DC cases. File your reply and deny RCR or even if you not appear, no effect on you.

As per courts, A wife is not a "chattel" or an "object" and she cannot be forced to reside with her husband even if the man desires to live with her

Dear Madam,

Normally husband's file RCR cases to avoid payment of maintenance better lead evidence and get some monthly maintenance and thus his RCR petition will be dismissed.

file petition for divorce on grounds of mental cruelty if you dont want to stay with your husband 

File a reply to the section 9 petition   filed against you by your husband. Contact a local lawyer for this purpose.

Seek maintennace from your husband, in case you financially dependent on him. 

If you are a victim of dowry related abuse, lodge a FIR against your husband. 

File your reply in the Section 9 Case and if you are not in the position to live with him then file a counter case for divorce based on Cruelty under section 13(1)(ia) of Hindu Marriage Act-1955.

You may also file the maintenance case against him if you are unable to maintain yourself under section 125 of Cr.P.C. before Family Court.

Feel Free to Call 

You can file divorce if required or oppose section 9 also

If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not.. 

You can file an application under section 125 CRPC for the grant of maintenance.

Also, complaint under Section 498a of the Indian penal code can be given to the police if there was any dowry harassment, coupled with domestic violence.

See to counter Section 9 first in same you can demand maintenance, further contest it and further if you want divorce you can file a divorce on ground of cruelty and such other as you deem fit against him as mentioned under section 13 hindu marriage act. 

If he  has  filed  a  RCR petition, you may have  to  file  counter  to his case, similarly he will file counter in your DV case.

Challenge his grounds and if you decide to join him back you may express the same before the mediators .

Dear madam

The counter measure by you in Section 9 is just that you have to deny his claim for restitution of conjugal rights by giving some sufficient cause due to which you don't want to live with him. 

No court can compel you for joining his company if you have sufficient reason for that.

Dear Madam,

- You must file the petition along with 498a  of U/s125 of HMA 1955 for maintenance and share your acceptance towards S 9 of HMA 1955 to show your willingness to maintain the marriage.

- Secondly, do submit the fact for protection to reside with husband family or separate house in case not provided.

- At any level showing your rigidness against RCR U/s 9 of HMA 1955 will make the presiding Judge mindset against you. 

- Do feel free for further assistance. 

Regards

Vivek Arya