How to file defamation case from usa against indian citizen

(1) If I can file any defamation case against him in India under Indian cyber law ? while I will not be able to attend to these cases in India. Is it possible that some one else can fight the case on my behalf under power of attorney from me?

Ans : If it is case of misinformation at internet with intend to cause loss of reputation then you can hire a advocate and file case in India.  Or else anywhere in the world where such material has been seen by anyone know n to you  and you faced loss of respect.

(2) If yes, where I should file these cases? In Mumbai court or Bhopal Court?

Ans : It can be filed in any court in whose jurisdiction the material has been initiated (uploaded) or communicated (seen or uploaded) by anyone in whose eyes your reputation has been lowered.

It can be separate case at separate place for each blog. But there cannot be more than one case for one uploading.

(3) What is the time limit ( Statue of limitation ) to file such case?  Time limit starts from his first post or the last post?

Ans : time limit of 3 years for civil suit (1 yr for criminal case) will start from the period  when the communication will be completed (i.e. someone reads the material). The crime is made out not merely by start of communication but when communication is received by target person (in this case word at large)

 (4) In this matter how to collect / preserve the evidence? Whether simply taking the site print out is enough or we have to approach some other offices to get these certified? How to do this?

Ans : Taking site print and evidenced of the person who takes site print and the device from where print is taken can also have to be produced as evidence.

 (5) My friends are suggesting to reply in the comments space of my ex father - in -laws blogs itself. Whether this will be appropriate? Or by doing this I will be committing some crime?

Ans : In this way you will be openly refuting the false allegations giving him notice to prove the same and his failure to prove will be evidence in your favour.

 (6) Should I upload the bank account statements through which myself and my father has paid money to my ex wife. Money was extracted by her by threatening us. Which clearly shows that she had extracted the money from us & not the vice versa as alleged by her in her dowry complain.

Ans : This point is highly subjective.  Only your lawyer privy to all papers can comment successfully.

  Please take note.

Law of defamation is almost same in every country.

You have to prove five points:-

1. 1.  Communication is made by defendent
2. 2.  Communication is made regarding applicant
3. 3.  Communication has been made to third party.
4. 4.  Communication has cased loss of respect to applicant
5. 5.  Communication is false.

In case you cannot prove any of these five points then you case falls and can backfire.

SO it is for you to first decide if you can prove his allegations to be false and if so how as you are aware of the contents of the internet posts being referred by you.

Speak to an attorney specializing in such cases at USA. Discuss with your attorney about theft of Memory Stick and evidence of it being stolen if any.

Mr. Sudhir Kumar has provided detailed answers.You can contact 09422109619 or mail mahendra@cyberorgindia.com for more discussions.

Sudhir Sir can I have your contact number .kindly mail distressgirlfreinds2014@gmail.com