The petitioner, Marian Folalu, a housewife, had asked the court to dissolve her 20-year-old marriage to her husband, Kayode, over controversy surrounding her fifth pregnancy that she probably had it for another man.
But the respondent dismissed the claim and insisted that the pregnancy was his.
Marian told the court that the controversial pregnancy, being the subject of litigation before the court, belonged to someone else, Ololade.
The petitioner, who denied that her husband was responsible for the pregnancy, told the court that another man was the rightful owner of the expected child.
Oloade, in his testimony, corroborated the petitioner’ s claim that he was responsible for the pregnancy.
The court had adjourned the case to September 20 when Marian was expected to have given birth so that DNA test could be conducted to determine the paternity of the child.
But at the resumed hearing of the case on Thursday, Kayode informed the court that his wife died in May during child birth.
President of the court, Chief Ademola Odunade, who sympathized with the respondent, however, struck out the case.
Odunade then advised Kayode to approach the appeal division of the customary court for a redress if he so desired.
