Usha Jain & Ors vs Snehalata Kumudini Barnabas on 29 April, 2019
29. It was further argued that even if the issues pertaining to the validity of
marriage and proof of divorce are decided in favour of the Respondents, yet
the Petitioner would be entitled to the probate on the basis of the doctrine of
persona designata. The designation attributed to the Petitioner would be
sufficient under the aforesaid doctrine, even if the marriage is found to be
invalid in the eyes of the law. The bequest would still be good in law. The
Court should not delve into the nature and contents of the bequest being
beyond the scope of its jurisdiction. On this subject, the learned counsel for
the Petitioner has relied upon the following judgments Smt. Uttami v. Shri
Ram Dass, ILR 1973 2 HP 962and Siddaramappa v. Smt. Gouravva AIR
2004 Kant 230.