The mails and text messages which is the basis of the defamation case against you were sent by you only to him. That does NOT constitute defamation. I wonder how come the magistrate issued notices. Anyways he doesn't have a case.

Abusing someone is different than defamation. The judge cannot find you guilty of defamation. You should file a petition in the high court for stay of the summons and quashing the complaint.

Defamation is injury to the reputation of a person. 

A man's reputation is his property and if possible, more valuable, than other property. 

Any intentional publication of a statement which tends to lower a person in the estimation of right thinking members of society can be termed as defamation. 

It is just not a mere vulgar abuse but a definite imputation against him and thus constitutes defamation. 

Of course you can defend based on the circumstances under which you were provoked by him to utter them without an intention or by proving that it was not intended to defame in public except that it was an exchange between you two alone. 

If you are residing in UK and not intending to come to India then don't receive the summons or notice that might arrive at your address. 

Since it is a private complaint he cannot be able to prosecute you without your presence before court. 

The court also cannot take any action to repatriate to India for this purpose. 

Hence you can ignore the notice and remain silent without escalating the matter or responding to it.

The court can issue summons to your address even if it is a foreign country. 

It is issuing to the respondent of a case hence there's no legal infirmity in it. 

You may not receive it or remain silent without responding to it after receipt. 

You should engage a lawyer and file a petition in the high court for stay and quashing of the case.

How is defamation even possible. He doesn't have a case.

If summons have been issued to you then you have to appear in court 

apply for bail and contest case on merits 

You can try to settle case with ex brother in law 

tender an unconditional apology 

Summons can be issued to your uk address 

Yes it can summon to your UK address. You need to contest teh case or get it dismissed if the same is not filed as per proper provisions or law and evidence

Ok.

Please contact me through Kaanoon.com. I'll see what i can do. Please share the case details ie summons etc. too.

As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- Since the messages are abusive then it not amount to defamation , and also this depends upon the circumstance why the words were used by the other party. 

- If he has filed a criminal defamation case against you then you appearance is required before the court after receiving the summons of the court. 

- However, you can file the reply of the said case after engaging a lawyer in India. 

Dear Client, 

You should file a petition in the high court for the stay and quashing of the case as the act done here does not amount to defamation. 

Thank you. 

Courts generally insist on presence of accused  during hearing of bail application 

you would be granted bail if you appear personally in court on next date of hearing 

Your lawyer can inform

the court that on account t of increasing number of cases UK govt has imposed restrictions on international travel and as such you cannot come to India personally but would come to india on restrictions being eased 

If there is a non bailable warrant is pending, then you may have to first recall the warrant by surrendering the person against whom the warrant is pending, after that he or she can obtain bail by filing a bail application.

Therefore the court will insist on the presence of the accused for recalling the warrant pending against the accused. 

Hearing advance petition can be filed for the purpose of recalling warrant.

The court will not permit video calls in such cases. 

This is a criminal case and the application for bail cannot be considered by court through video conference call.  

Moreover almost all the court across the country have started physical hearing, hence courts may not entertain any such hearing through video call. . 

If the judge is adamant and does grant you leave then you should go for anticipatory bail. You may present yourself once the travel is allowed.

Dear client, 

you have to ask the court for this but now all the courts have resumed back to offline mode. 

Thank you

You can file exemption application through your lawyer. I can help you if you need. 

If you need any further assistance.you can approach me through Kaanoon or LinkedIn.