{"id":391860,"date":"2026-07-30T12:00:58","date_gmt":"2026-07-30T06:30:58","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=391860"},"modified":"2026-07-30T11:44:39","modified_gmt":"2026-07-30T06:14:39","slug":"the-work-is-not-finished-adab-singh-kapoor-on-family-law-reform-and-building-a-modern-litigation-practice","status":"publish","type":"post","link":"https:\/\/blogscconline-staging.azurewebsites.net\/blog\/post\/2026\/07\/30\/the-work-is-not-finished-adab-singh-kapoor-on-family-law-reform-and-building-a-modern-litigation-practice\/","title":{"rendered":"The Work is not Finished: Adab Singh Kapoor on Family Law, Reform, and Building a Modern Litigation Practice"},"content":{"rendered":"<div style=\"text-align: justify; line-height: 150%;\">\n<p style=\"margin-bottom: 3%;\">Adab Singh Kapoor is an Advocate-on-Record (AOR) at the Supreme Court of India and Founder of Adab Singh Kapoor &amp; Associates, a litigation firm with a pan-India practice. A first-generation lawyer, he has built a commendable family law practice, one that operates as comfortably in the courts of Delhi, Bengaluru and Mumbai as it does in disputes touching Singapore, Dubai, London, and beyond.<\/p>\n<p style=\"margin-bottom: 3%;\">His practice is anchored in high-stakes matrimonial litigation, highly contested child custody disputes including cross-border disputes and complex financial settlements in family disputes.<\/p>\n<p style=\"margin-bottom: 3%;\">He holds a BBA LLB from Symbiosis Law School, Pune, an LLM in Energy Laws from UPES, and concurrently qualified as a Company Secretary giving him a commercial rigour that is rare in family law practice. His article on Parental Alienation and Child Custody appears in the SCAORA Journal (November 2025). He is a Visiting Expert at Symbiosis International University and is currently pursuing a PhD on a topic pertaining to the socio-psycho legal aspects of shared parenting.<\/p>\n<p style=\"margin-bottom: 3%;\">He spoke to SCC Online about his practice as a Family Law specialist, what it takes to clear the AOR examination when you run your own firm, and why India&#8217;s family law still has a long way to travel.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">1. You were a science student. What was the moment you realised you wanted to become a lawyer?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I was a science student and was contemplating a career in engineering, as was the sentiment amongst most of my batchmates then in St. Patrick&#8217;s School, Asansol, West Bengal. However, after Class 12, I did not see myself pursuing further studies in engineering. It was at that time when I figured that I should pursue a career which resonated with my strengths and interests. I enjoyed debating and public speaking and felt that I should pursue a career which involves these skills. It was at this point that a career in law started making sense and I decided to pursue it.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">2. You set up your own firm as a first-generation lawyer in your mid-twenties. What is the one thing you wish someone had told you before you opened those doors?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">What gave me the confidence to start my practice early, was my stint at Law School. At Symbiosis Law School, Pune, I had the honour and privilege of being the first President of the Student Council in 2008. Also, I was the Convenor of Symbhav, the college&#8217;s first sports and cultural festival in 2009. To pull off a festival, you need a strong team, sponsors, and meticulous planning and execution at various levels. There was no precedent and we as a team managed to make it a success. Also, I had taken various other initiatives in Law School.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I thought, if I could manage to successfully take initiatives in Law School as a student then probably I could manage to run a law firm. As such after working for 2.5 years with Paras Kuhad and Associates, Delhi and DSK Legal Delhi, I started my independent practice in December 2011 at the age of 26.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">As per the one thing, which I wish someone had told me early on, I would say, the importance of networking, and more importantly the manner in which it is to be done. This is of material importance and I wish I had known these skills earlier in my career.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">3. What advice would you give to advocates desirous to clear the coveted AOR exam?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">What people do not quite appreciate is how difficult it is to prepare for that exam if you are running an active independent practice. If you are working in a law firm or a senior&#8217;s chamber, you can request for some time off, three-four weeks, to prepare and study. When you run your own firm, you are accountable to your own clients. Urgent matters come up. Interim reliefs need to be sought. The phone does not stop ringing simply because you have an examination going on. There were times when I had to appear for hearings even on the day of the exam.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I cleared it while managing an active practice. However, my advice would be to take some time off (a month, if possible) and request your colleagues to pitch in wherever required.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">4. Family law, custody, divorce, maintenance is high emotion driven work. How do you deal with this?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I have a definition of marriage, from the lens of a matrimonial lawyer, which I think captures it rather well.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Marriage is first chemistry. It is then biology. And very often, when it comes to me, it becomes history.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">That is the nature of the work. You are never seeing the good days in the marriage of your clients. You are always seeing what is left when the good days are over. And that requires a particular kind of temperament to hold someone&#8217;s distress steadily without being swept into it yourself.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I am, by rule, extremely patient with clients going through matrimonial disputes particularly parents who have been separated from their children. They are already carrying an enormous amount. If their lawyer is also cold or transactional, that is one more weight on top of everything else.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">But there is also a practical reason to listen carefully. When you speak to a client at length, and really listen, you often find the argument that actually drives home the point in court, at exactly the moment you need it most. The best material frequently comes not from the brief, but from the conversation.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">5. It is 11 p.m. A client calls, one spouse is in Singapore, the other has returned to Delhi with the children. Would you answer the call?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I answer the phone.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Much to the occasional disappointment of my family, but I answer. Because someone calling at 11 p.m. in that situation is not calling to chat. They are calling because they do not know what is going to happen to their children, and they need to hear a calm voice tell them that there is a path through this.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">A few minutes of genuine reassurance not platitudes, but actual orientation about what can be done and how quickly goes a very long way when a person is in a genuine crisis. And frankly, those early conversations also tell me a great deal about the matter.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">What Indian Courts do apply is the <span style=\"font-style: italic;\">parens patriae<\/span> jurisdiction that is the court&#8217;s inherent power to act as guardian of the child&#8217;s best interests, independent of any foreign order. A custody order from a Singapore Court does not bind an Indian court. Indian Courts will examine the child&#8217;s welfare afresh, on its own merits. For some clients, that is a problem. For others, it is an opportunity. Understanding which it is for your client and moving quickly is what separates a good outcome from a poor one.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The single most important piece of advice I give NRI families is to act before the situation becomes difficult to reverse. In custody matters, delay is never neutral. Courts form impressions about where the child has been living and, in whose care, and reversing an established status quo is always harder than establishing the right one from the start.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">6. Your academic background is unusually varied Company Secretary, LLM in Energy Laws, IPR, Cyber Law, PhD in progress. Does any of it actually matter in a matrimonial dispute?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">More than people expect, though I will concede that an LLM in Energy Laws is an unusual qualification for a family lawyer.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">But the commercial training, the Company Secretary qualification especially matters enormously in high-value matrimonial litigation. When the dispute is really about money and in high-stake cases, it almost always is you need to be able to read a balance sheet, interrogate a shareholding structure, and evaluate a trust deed. A lawyer who cannot do that is working at a disadvantage from the first hearing.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The Cyber Law background has become increasingly relevant as digital evidence assumes greater importance in family disputes.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">7. What is the single most overdue reform in Indian family law?<\/p>\n<p style=\"margin-left: 18pt; font-style: italic;\">Prenuptial agreements\/Marital agreements<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">India remains one of the major democracies where a marital agreement has no statutory recognition. Two adults entering a marriage with full information and independent legal advice cannot contractually determine how their assets will be treated if the marriage breaks down. The law simply does not give effect to it.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The irony is this: the same couple will spend months planning their wedding in meticulous detail the venue, the guest list, the mehendi, the caterer. However, the conversation about what happens if the marriage, eventually, becomes a problem? That conversation does not happen. Partly because it feels inauspicious andnd partly because the law gives them no framework to have it meaningfully.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The recognition of prenuptial and postnuptial agreements with proper safeguards for informed consent and fairness would reduce litigation, bring gender parity to matrimonial outcomes, and give couples genuine agency over their own arrangements.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Beyond that, child custody adjudication needs to be standardised. The &#8220;welfare of the child&#8221; principle is sound but dangerously vague in application. We need child interview protocols, mandatory involvement of child psychologists in contested matters, and legislative recognition of parental alienation (the phenomenon where a custodial parent systematically turns a child against the other parent). The Supreme Court has begun to acknowledge it. The legislature has not yet caught up.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Children in contested matrimonial disputes are often used as tools to extract money or inflict pain on the other spouse. Every mechanism that encourages shared parenting norms, co-parenting frameworks is worth fighting for.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">8. You have published on parental alienation, you are writing a PhD on shared parenting, and you argue these cases regularly. Yet the legislature has not moved. How much does that frustrate you?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Enormously! and I think frustration is the correct response, so long as it is productive frustration.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">Let me explain what is actually at stake. Parental alienation is the process by which a child is, over time, turned against one parent by the other through denigration, through manufactured grievances, through the slow erosion of the child&#8217;s own memory of who that parent was to them. It is psychological harm. It is, in my view, a form of child abuse. And it is currently invisible in Indian statute.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The Supreme Court has begun to acknowledge it. There are a few judgments now, where the courts have recognised the phenomenon and taken it seriously. But judicial recognition and legislative recognition are two different things. A Judge can apply the concept in a case before them. Without legislative backing, there is no standard protocol for identifying it, no mandatory psychological assessment, no consistent framework across courts.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">What that means in practice is that outcomes depend heavily on which court you are in, which Judge hears your case, and whether your lawyer has done the work to place the concept before them properly. That is not justice; that is luck dressed up as justice.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The PhD is, in part, an attempt to build the evidentiary and academic foundation for what a proper legislative framework should look like drawing on comparative jurisdictions, psychological research, and the case law that has accumulated. Whether Parliament moves quickly on any of this, I genuinely do not know. But the argument needs to be made rigorously, and made repeatedly, until it is impossible to ignore.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I have reasonable faith in the Supreme Court&#8217;s ability to lead where the legislature has not yet gone. It has done it before. On this issue, I believe it will do it again.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">9. There is a growing debate about whether India&#8217;s matrimonial laws are genuinely gender-neutral or whether calls for neutrality risk dismantling protections that women still need. You see both sides of this from inside a courtroom. Where do you actually stand?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The honest answer is that it depends, and that is precisely the problem.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">It depends on which court you are in. It depends on which Judge is hearing. It depends on whether that Judge has spent years in criminal courts and has landed in a Family Court by administrative rotation, or whether they have actually developed a feel for matrimonial jurisprudence over time. The same set of facts, the same parties, and the same children walk into two different Family Courts in the same city, and you may walk out with two entirely different outcomes!<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">We have, in this country, accepted the principle of specialisation everywhere else. We have dedicated Commercial Courts for commercial disputes. We have NCLT for insolvency. We have POCSO courts for child sexual abuse matters. The logic is obvious: complex, specialised law requires Judges who are trained in it, immersed in it, and thinking about it consistently. Family law is at least as complex, and in human terms, far more consequential because the people in those courtrooms are not disputing a contract; they are disputing their children, their homes, and their futures.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">And yet, the Family Court Bench remains, in most jurisdictions, a posting like any other. Judges rotate in and out. There is no structured, mandatory training in the psychology of matrimonial conflict, in how to conduct a child interview, in how to read a financial disclosure affidavit, in what parental alienation actually looks like when it is sitting in front of you. Some Judges develop that instinct anyway through experience, through reading, through sheer attentiveness. But we should not be relying on instinct; we should be building the system.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">So, when people ask me whether the law is gender-neutral, my answer is that the law is only as consistent as the person applying it. And right now, that consistency is missing. Fix the training, fix the specialisation, and a great many of the gender-neutrality arguments resolve themselves because a well-trained Family Court Judge does not need a statutory presumption to tell them who the economically dependent party is. They can see it; they know how to assess it, and they apply the law accordingly.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">That is the reform I would add to every wishlist, a dedicated family law judicial cadre, with structured entry, continuous training, and long enough tenures to actually develop expertise. Everything else, the prenuptial agreements, the parental alienation protocols, the shared parenting norms, lands better in a court that knows what it is doing.<\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt; font-weight: bold; color: #000080;\">10. You are building a firm, finishing a PhD, teaching the next generation, and still taking calls at 11 p.m. Where does the energy come from and what does the next ten years look like?<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The work is not finished. Not even close.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">The issues I deal with daily parental alienation, the absence of prenuptial agreements in law, the need for structured child interview techniques, co-parenting as a norm rather than an exception, children being weaponised in financial disputes these are not abstract policy questions. They are the actual texture of what walks through my door every week.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">There is a great deal that needs to happen, whether through legislation or through guidelines from the Supreme Court. The PhD is partly about that building an academic case for reforms that I believe in both professionally and personally. The teaching at Symbiosis is about that too. If the next generation of family lawyers enters practice already thinking about these questions, the law will move faster.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">I set up this firm at the age of 26 because I thought I could build something. Fourteen years later, I think the more interesting question is what the firm can contribute to the development of the law, to the outcomes for clients who genuinely need effective representation, and to a practice area that is still, in many ways, finding its level.<\/p>\n<p style=\"margin-left: 18pt; margin-bottom: 3%;\">There is, as I said, a great deal left to do.<\/p>\n<\/div>\n<hr\/>\n<p style=\"margin-left: 18pt; text-indent: -18pt;\"><a id=\"fn1\" href=\"#fnref1\">1.<\/a> Advocate-on-Record, Supreme Court of India and Founder, Adab Singh Kapoor and Associates. He can be reached at: +91 98180 73491; <a href=\"http:\/\/www.adabsinghkapoor.com\/\" target=\"_blank\">www.adabsinghkapoor.com<\/a><\/p>\n<p style=\"margin-left: 18pt; text-indent: -18pt;\"><a id=\"fn2\" href=\"#fnref2\">2.<\/a> EBC-SCC Online Student Ambassador 2025-2026, Symbiosis Law School, Hyderabad.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Interviewee &#8212; Adab Singh Kapoor<a id=\"fnref1\" href=\"#fn1\" title=\"1. Advocate-on-Record, Supreme Court of India and Founder, Adab Singh Kapoor and Associates. He can be reached at: +91 98180 73491; www.adabsinghkapoor.com\"><sup>1<\/sup><\/a><br \/>Interviewed by Akshitaa Mathur<a id=\"fnref2\" href=\"#fn2\" title=\"2. EBC-SCC Online Student Ambassador 2025-2026, Symbiosis Law School, Hyderabad.\"><sup>2<\/sup><\/a><\/p>\n","protected":false},"author":67011,"featured_media":391861,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1189],"tags":[111076,111074,111070,111075,111067,111071,111069,111072,111073,111068],"class_list":["post-391860","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interviews","tag-adab-singh-kapoor-family-law","tag-advocate-on-record-exam","tag-child-custody-laws-india","tag-cross-border-child-custody","tag-family-law-interview","tag-family-law-reforms-india","tag-matrimonial-lawyer-india","tag-prenuptial-agreements-india","tag-shared-parenting-india","tag-supreme-court-aor-interview"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v28.0 (Yoast SEO v28.0) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ 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