Child custody without divorce

Education is in interest and welfare of child.

Are children willing to study in same school?

Generically speaking; Boy can be with mother upto 7Y of age and girl till attaining puberty.

Is IT not possible to settle the matter amicably and with intervention of elders and religious scholars!

You are aware of concept of ‘hizanat’ as in personal law applicable to you.

Education is in interest of child.

Preventing that is against interest of child.

Inability to take proper care of child due to self created problems may not get overlooked ( on facts and merits).

Welfare of the child is of paramount importance for parents and also courts.

The attempts to reconcile for the interest and welfare of children may not get overlooked ( on facts and merits).

If both families can crease their differences and resolve amicably then nothing like it.

The matter shall get resolved in NO time.

And /or the irrefutable witnesses of children and religious scholars and Jammaat members may help.

In case of altercations the retaliations by spouse and family may lead to unnecessary complications, litigation on many fronts.

GO thru the following and similar queries that you can search in SEARCH option in threads, Articles etc and other citations from which you can pick up relevant points e.g;;

https://www.lawyersclubindia.com/articles/Custody-of-Children-under-Muslim-Law-1173.asp

Guardians and Wards Act, 1890;6,17

https://ncpcr.gov.in/showfile.php?lang=1&level=1&&sublinkid=270&lid=708

THE MUSLIM PERSONAL LAW (SHARIAT) APPLICATION ACT, 1937;2

Delhi High Court

Mohd. Nihal vs State on 8 July, 2008

Author: Vikramajit Sen

3.…………

4(b)… Accordingly, even if some doubt should prevail pertaining to the applicability of Shariat laws in guardianship matters, it stands clarified by virtue of Section 6 of the G & W Act. 

https://indiankanoon.org/doc/25877391/

And;

Delhi High Court

Akhtar Begum vs Jamshed Munir

(1) This revision petition is directed against an order dated January 21, 1978 passed by Shri S. P. Singh Chaudhary, Guardian Judge, Delhi, dismissing the petitioner's application under Section 12 of the Guardians and Wards Act, 1890.

(28) The personal law of the parties would be an important facet of the welfare of the child and must be taken into consideration. The order of the Court below is liable to be interfered with not only because the personal law has been ignored but also because in considering the welfare of the minor a very salient feature, 

(29) Considering the welfare of the child there is one aspect on which I may make some observations. The child is being educated at Aligarh. Her examinations are due to start from April 10, 1978. It would be unwise and incorrect for Farah to be disturbed during her examinations.

https://indiankanoon.org/doc/1958006/

Rajasthan High Court

Wazid Ali vs Smt. Rubina Bano And Ors. on 22 November, 2007

10…….Nature and extent of right of hizanat (custody) In Imambandi V. Mutsaddi (e), their Lordships of the Privy Council said: "It is perfectly clear that under the Mahomedan Law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the s*x of the child. But she is not the natural guardian; the father alone, or, if he be dead, his executor (under the Sunni Law) is the legal guardian.

It would appear from the passage quoted above that the father is the primary and natural guardian of his minor children, and that the right of custody of the mother and the female relations mentioned in Section 257 below is subject to the supervision of the father which he is entitled to exercise by virtue of his guardianship. If so, the right of hizanat does not carry with it all the powers which a guardian of the person of a minor has under the Guardians and Wards Act, 1890. See note to Section 260, "Father as guardian of his minor children."

18………………. 12. In the present case, as already noted the children of the family were taken out of the matrimonial home on 17-9-2003 which to my mind was an act of inter-parental kidnapping and cannot deprive Delhi Courts of the territorial Jurisdiction to entertain a petition.

19. On appreciation of provisions of law and the facts of this case it is seen that the child is under the custody of the maternal grand-mother because of the compelling circumstances. However, for the welfare of the child the custody of the child can be taken by the person who is interested in the welfare of the child. 

20. The ordinary residence of the minor cannot be said to be at Sikar as the child has been shifted as per compulsion and the circumstances created by the mother of the child. The child would have been handed over to the custody of the father, though perhaps, the mother might have thought in her wisdom that the child with her mother may be more convenient and looked after well unmindful of it that the father is the natural guardian of the child.

https://indiankanoon.org/doc/694118/

Keeping everything in mind, it shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in guardianship/civil/Family matters and well versed with customs/personal laws and having successful track record…. and worth his/her salt , before proceeding on your own.

Rest is upto you.