An Ibadan Customary Court sitting on Mapo Hill on Thursday struck out a case of infidelity brought against
a woman following her death.
The petitioner, Marian Folalu, a housewife, had asked the court to dissolve her 20-year-old marriage to her husband, Kayode, over the controversy surrounding her fifth pregnancy that she probably had it for another man.
At the resumed hearing of the case on Thursday, Kayode informed the court that his wife died sometime in May during child bearing.
Consequently, Chief Ademola Odunade, the court’s President, who sympathized with the respondent, however, struck out the case.
Odunade advised Kayode to approach the appeal division of the customary court for a redress if he so desired.
Marian had told the court that the controversial pregnancy, being the subject of litigation before the court, belonged to her concubine, Ololade.
Marian, who denied that her husband was responsible for the pregnancy, told the court that her concubine, who had been sleeping with her since January of 2018, was the rightful owner of the expected child.
Oloade, in his testimony, corroborated the petitioner’ s claim that he was responsible for the pregnancy.
But the respondent dismissed the claim and and insisted that the pregnancy was his.
The court had adjourned the case until Sept. 20 when Marian was expected to have given birth so that DNA test could be conducted to determine the paternity of the child.