The petitioner is the husband of the 2nd respondent herein O.P.No.286/2005 is filed by the 2nd respondent herein before the Family Court, Kozhikode, seeking dissolution of her marriage with the petitioner. The grievance of the petitioner is that he is an NRI working at Dubai and that even though he has despatched through post Ext.P-5 counter wherein he has also sought for a counter relief of restitution of conjugal rights, the Family Court is insisting on his personal appearance before that court. He has entered appearance through counsel initially and thereafter in person before the Family Court, but he had to return to Gulf due to his occupational compulsions. It is the case of the petitioner that he submitted the counter to O.P.No.286/05 filed by the 2nd respondent and the counter relief therein by sending the same through post from Dubai. He has further alleged that the Judge of the Family Court does not complying with Rule 5(3) and inform the petitioner about the posting of the case. The petitioner would have it that Ext.P-5 counter to O.P.No.286/05 sent by him through post is not received in the Family Court and this, according to him, is evidently with a view to