Defamation Suit

Querist : Anonymous (Querist) 15 February 2010 This query is : Resolved
Sir(s),
I am writing to get the advice from your experts.
I am a school teacher at present staying in Kerala with my husband but originally we are from Kolkata.
An ex-friend of his who is staying in Ahmadabad, but presently out of India for job, is writing all malicious and obscene emails to him as well as to me and he is trying to defame us and break our marriage by false allegations to him.The reason is we do not want to keep any contact with him as his actual nature and character has revealed infront of me. I know that all these allegations are false and that ex friend of his does not have any proof of what he is saying. In his mails he has foolishly written that he just want us to have bad names amongst our friends, relatives and our known community.
Can I file defamation suit against him? If it is then how to proceed ?
Please guide us by your valuable advice as we are really suffering from mental agony which is seriously hampering our day to day life.
Thanks and waiting for your valuable advice.

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adv. rajeev ( rajoo ) (Expert) 15 February 2010
you can file a suit if there is any defamotary words in the mails.

Feroz M Shafeeque (Expert) 15 February 2010
You can also register a police complaint against the person as per provisions of Information Technology Act.

Querist : Anonymous (Querist) 16 February 2010
Shafeeque Sir Aassalamwalaikum,
Thank you very much for your valued advice. May you please guide me how to start the procedure. Where should I file the case in my local PS ? How will he be intimated bcoz at present he is outside India but his family stays in Vadodara.
After I lodge a complaint and file a suit against him what will be the consequences from our side ?
AS we do not have any past experiences in all these that is why I am bothering you all.
Waiting for your valued reply.
Allah Hafiz.

Khaleel Ahmed Mohammed (Expert) 21 February 2010
I agree with Mr.Feroz for his right advise.

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