Custody of children

Hi All, i have posted some queries before regarding issues with my wife , just to brush up.. 1. wife and myself not staying together due to serious differences. 2.in-laws in agreement with my wife pushed me out of my shared household.( 2015).Also threatened to file all package cases 3 myself staying with my parents now. 4.till date no case filed 5. in-laws taken my children to their native village and got them admitted in local school without my concern. 4. wife still staying here in share household for which i m paying rent and she is taking HRA of same ( found through RTI ) 5. MY QUESTION IS ... can i file for custody of my girls aged 6 and 3 as both staying with in-laws without filing any case for divorce .