You first initiate legal action to file a maintenance case against him for you and your daughter. 

Let him appear before court and express his inability to provide maintenance amount. 

After that the court will pass suitable orders. 

File petition for divorce on grounds of mental cruelty 

2) seek interim maintenance for yourself and daughter 

3) also seek alimony and your stridhan 

4) even if husband is unemployed he is bound to maintain his wife and daughter 

- You can file a divorce petition before the family court on the ground of cruelty , and thereby you can claim alimony from him 

- Further, you can also file a complaint under section 125 CrPC against him for getting maintenance for your self and daughters , and he is bound to pay the same even he is working or not. 

If you do not have proof of his income or his income is very poor then filing a case for maintenance would not give you much result.

Even when the order of maintenance is passed it would be very difficult to get the order implemented considering his lack of steady income.

In that case instead of filing for divorce stay with her and admit him in rehabilitation center so that he may be cured or got rid of his addiction.

That would be good option keeping future of your child also in mind. 

Dear Client,

In the Judgment given by Chhattisgarh high court has held that if a husband indulges in excessive drinking of alcohol instead of discharging his duties, it would amount to mental cruelty against his wife and family. And for the same, an appeal for divorce was filed by the wife and divorce was granted to her on bases of cruelty. HC noticed that as the wife has no other source of income she was granted maintenance of 15000 per month. And if it is received by the husband otherwise it will be charged on his property. According to this judgment of Chhattisgarh HC you can file for divorce with help of a lawyer on ground of mental Cruelty and can also applies for receiving maintenance on bases of Legal provisions concerning the order for maintenance of wives and children come under section 125 of the Code of Criminal Procedure, 1973. As per Section 125(l) (a) of the Code , if any person having adequate resources neglects or refuses to maintain his wife who’s unable to maintain herself, then a Magistrate of the first class  upon proof, can order such person to make a fixed monthly allowance for the maintenance of his ex-wife. The maintenance has to be determined in accordance to the living standards of the person concerned which she enjoyed at the place of her husband. Here ‘ex-wife’ includes every woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried yet. In the situation where your husband have no source of income, the maintenance can be charged on his property, If your husband is open to rehab and you believe it could positively impact his ability to provide support, discuss this with your lawyer . It might be a point to consider during alimony negotiations.

1. You can file a petition before the Court asking for maintenance from him even without filing a divorce suit. 

2. You can file the maintenance petition along with filing then divorce suit if you so desire.

3. In case you want divorce, you shall have to file the divorce suit on the ground of cruelty and all  his stated acts of neglect amounts to cruelty.

You need go file for divorce and alimony. You can also file for domestic violence. In both you can claim alimony from him in form of maintenance