If your husband has filed a Section 9 restitution of conjugal rights case in response to your advocate's notice proposing mutual divorce, understanding the appropriate response to this specific and somewhat unusual situation is genuinely important.

The first thing to understand is what this specific response genuinely suggests about your husband's position, since filing a Section 9 petition, rather than responding to your mutual divorce proposal, indicates he does not currently wish to consent to ending the marriage, and is instead formally seeking a court order directing you to resume marital cohabitation, meaning this represents his choice to pursue reconciliation, or at least the formal position of reconciliation, rather than agreeing to your proposed dissolution.

Given this specific development, your immediate and essential step is properly responding to this Section 9 petition through a formal written statement, since, as discussed extensively throughout this broader context regarding this specific proceeding, you retain the full right to present your own reasons for having withdrawn from the marital relationship, and, if you can properly establish that this withdrawal was for reasonable cause, his restitution petition would not succeed.

If your original proposal for mutual divorce was connected to specific grievances you have against him, such as cruelty, incompatibility, or other genuine reasons for wanting to end the marriage, it is essential to properly and specifically present these reasons within your written statement, since this becomes your direct defence against his restitution claim, demonstrating that your separation was genuinely justified rather than an unreasonable withdrawal without proper cause.

If you genuinely do not wish to reconcile and continue believing divorce represents the appropriate path forward, it is worth understanding that successfully defending against his restitution petition, by properly establishing your reasonable cause for withdrawal, effectively prevents him from obtaining this specific decree, and you can simultaneously consider whether pursuing your own divorce petition, based on whatever specific grounds genuinely apply to your circumstances, represents your more direct and proactive path forward, rather than remaining purely in a defensive posture against his restitution claim.

If your husband's filing of this Section 9 petition appears to reflect a genuine, sincere desire for reconciliation, it is worth having an honest, personal reflection about whether you might be willing to explore this possibility, potentially through professional marriage counselling, before proceeding further with contested litigation, since genuine reconciliation, where authentically achievable, may serve both of your interests better than continued adversarial proceedings.

If, however, you believe this Section 9 filing reflects a more strategic or tactical response, perhaps specifically intended to delay or complicate your divorce proposal rather than genuine reconciliation interest, it is worth ensuring your advocate properly and thoroughly prepares your defence, presenting your genuine reasons for the current separation clearly and persuasively.

If your original mutual divorce proposal specifically outlined settlement terms he did not respond to before instead filing this Section 9 petition, it is worth understanding this specific circumstance, his failure to engage with your settlement proposal before pursuing this restitution claim instead, may itself be relevant context worth presenting, particularly if you eventually pursue your own contested divorce petition.

Given how genuinely important it is to properly and promptly respond to this specific Section 9 petition while also considering your own broader strategic options, it is essential to consult your advocate to properly develop a comprehensive response. You can reach out via Aapka Legal Advice for guidance on properly responding to this Section 9 case and considering your own divorce options given this development.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling restitution of conjugal rights proceedings and related strategic considerations.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure both your defence against this Section 9 petition and your broader strategic options are properly considered.

In summary, if a husband files a Section 9 case in response to an advocate's notice proposing mutual divorce, the appropriate response involves properly filing a written statement clearly and specifically presenting your genuine reasons for withdrawal from the marital relationship, since establishing reasonable cause defeats his restitution claim, while also considering, alongside your advocate, whether pursuing your own contested divorce petition, or, alternatively, genuinely exploring reconciliation if this appears authentic, represents the most appropriate path forward given your specific circumstances.